| The coverage and protection of constitutional rights are logically different questions. Only when the conduct of individual falls within the coverage of constitutional rights, then the question whether the conduct is protected by the constitutional law arises. Thus, delineating the coverage of constitutional right is the threshold question implicit in every constitutional right case. There is an inverse relation between the coverage of constitutional right and its protection, that is, the less limited range of the coverage, the less protection awarded by the constitution, and the more limited range of the coverage, the more protection by the constitution. Because free speech is broader than criticism in ordinary meaning, the coverage of § 35 (free speech) of Chinese Constitution is broader than that of § 41 (supervision right). Thus the constitutional protection of supervision right is higher than that of free speech.With the different protective degree for free speech and supervision right, the limitation on governmental discretion also differs. To limit supervision right which is highly protected, the exercise of governmental power must provide more compelling justification than to limit freedom of speech. The higher protection of supervision right embodies the purpose and intention of the framers of Chinese Constitution, that is, the expectation of democratic supervision and the confidence in democratic construction, which is the outstanding characteristic of socialist constitution. |
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