Recognition of subjective public rights and constitutional reform on human rights June 2011
Abstract
Recognition of subjective public rights is one of the fundamental principles of the modern state. Merely to consider human rights against the State as an extralegal sphere Hans Kelsen mode, or as an ability to make or not make elective mode Máynez Eduardo Garcia, the content does not explain that the idea has been presented historically. The rights granted to men before the State are not purely formalist freedom in the sense, but ability to require the State itself a certain behavior and you can not conceive the concept in its fullness but on condition that an overhaul, even superficial, of the transformation process.
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References
Jellinek, Georg. (2000). La Declaración de los Derechos del Hombre y del Ciudadano. México: Instituto de Investigaciones Jurídicas de la Universidad Nacional Autónoma de México.
Sabine, George H. (2006). Historia de la teoría política. México: Fondo de Cultura Económica.
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