关键词: 基本法, 宪法, 修改, 解释, 正当性

Abstract: Modifying the basic law is with three different layers of “allowance” in significance: “the interpreting method by using the basic law only”, “the allowance to modify the basic law in system and procedure is without time limitation”, and “the opportunity of modifying the basic law”. Modifying the basic law is with its own lawfulness from the angles of law and practice of the basic law. Modifying the basic law is with restrictive characteristics, which must be “legally restricted” by the basic policies having been made by the People’s Republic of China for Hong Kong and Macao special administrative regions. At the same time we must notice the relevant important problems concerning “the tentative direction”. The irrelevance in procedures of modifying the basic law and its modification may cause logical contradiction between the interpretation and modifying the basic law, which can be solved by the special right specially authorized by the National Congress to the Standing Committee of the National Congress and to the Legislative Committee and the Chief Executive of the special administrative regions, otherwise the insurmountable paradox will occur in the practice of modifying the basic law.

Key words: the basic law, constitutions, modification, interpretation, justification