Revising the “dimensional” theory of fundamental rights
Keywords:
Constitutional history, Fundamental Rights, Historical trajectory.Abstract
The complexity with which human rights are structured throughout the constitutional and international history precludes their framing in a schematic, three-phase or multiphase theory. Such a theory is commonly based on the progressive expansion of legal positions linked to methodologically different legal substrates, such as freedom, equality and fraternity or solidarity. The historical process of fundamental rights does not correspond to a linear development, but rather to one of comings and goings, of advances and step backs, in an eminently dialectical fashion, as is characteristic of history itself.Downloads
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