{"title":"被理解为国家责任的基本权利","authors":"M. I. Garrido Gómez","doi":"10.22201/IIJ.24484873E.2019.155.14948","DOIUrl":null,"url":null,"abstract":"This article notes that fundamental rights constitute a basic nucleus within the rule of law in a broad sense; and the organizational model assumed by contemporary States is that of democracy. From practical reasoning, rights require that we place ourselves in a sphere of complex structures, in which we must emphasize law as an institutional normative system. In this way, fundamental rights are ascribed to persons who behave within a frame of reference composed of interrelated rules, rules that confer faculties and rules that impose duties and obligations, with the possibility of forms that determine the conditions of existence, the legal consequences and the temporal scope of the application of all the rules of legal systems. With this perspective, it should be stressed that the crisis of the national State and the deficit of democracy and the rule of law require rethinking the State and the international order, making it a priority to extrapolate the model of the constitutional rule of law to international relations given the legitimizing role that fundamental rights play.","PeriodicalId":35147,"journal":{"name":"Boletin Mexicano de Derecho Comparado","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2020-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Los derechos fundamentales entendidos como responsabilidades de los estados\",\"authors\":\"M. I. Garrido Gómez\",\"doi\":\"10.22201/IIJ.24484873E.2019.155.14948\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article notes that fundamental rights constitute a basic nucleus within the rule of law in a broad sense; and the organizational model assumed by contemporary States is that of democracy. From practical reasoning, rights require that we place ourselves in a sphere of complex structures, in which we must emphasize law as an institutional normative system. In this way, fundamental rights are ascribed to persons who behave within a frame of reference composed of interrelated rules, rules that confer faculties and rules that impose duties and obligations, with the possibility of forms that determine the conditions of existence, the legal consequences and the temporal scope of the application of all the rules of legal systems. With this perspective, it should be stressed that the crisis of the national State and the deficit of democracy and the rule of law require rethinking the State and the international order, making it a priority to extrapolate the model of the constitutional rule of law to international relations given the legitimizing role that fundamental rights play.\",\"PeriodicalId\":35147,\"journal\":{\"name\":\"Boletin Mexicano de Derecho Comparado\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-08-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Boletin Mexicano de Derecho Comparado\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.22201/IIJ.24484873E.2019.155.14948\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Boletin Mexicano de Derecho Comparado","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22201/IIJ.24484873E.2019.155.14948","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
Los derechos fundamentales entendidos como responsabilidades de los estados
This article notes that fundamental rights constitute a basic nucleus within the rule of law in a broad sense; and the organizational model assumed by contemporary States is that of democracy. From practical reasoning, rights require that we place ourselves in a sphere of complex structures, in which we must emphasize law as an institutional normative system. In this way, fundamental rights are ascribed to persons who behave within a frame of reference composed of interrelated rules, rules that confer faculties and rules that impose duties and obligations, with the possibility of forms that determine the conditions of existence, the legal consequences and the temporal scope of the application of all the rules of legal systems. With this perspective, it should be stressed that the crisis of the national State and the deficit of democracy and the rule of law require rethinking the State and the international order, making it a priority to extrapolate the model of the constitutional rule of law to international relations given the legitimizing role that fundamental rights play.