El modelo constitucional del Estado Social y democrático de derecho, sus desafíos y la constitucionalización del proceso
Europe founded a type of State without precedents that has been imposed in almost the whole world, being the most valuable elements of the so-called Constitutional Model of the Social State subject to the rule of law, the Republicanism based on the disaggregation of power, the democratic legitimizat...
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| Format: | Article |
| Language: | Spanish |
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Fundación Universitaria Los Libertadores
2009
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3293414 |
| Source: | Revista Via Iuris, ISSN 1909-5759, Nº. 7, 2009, pags. 45-59 |
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| Summary: |
Europe founded a type of State without precedents that has
been imposed in almost the whole world, being the most
valuable elements of the so-called Constitutional Model of
the Social State subject to the rule of law, the Republicanism
based on the disaggregation of power, the democratic legitimization
of the power, the democratic participation in its
conformation, the constitutionalism, the State inherence of
the fundamental rights and the Social State of well-being. This
article reviews some of the fundamental historical aspects of
that model in order to properly understand its implications in
our current Constitutional Charter. First, a historical follow-up
of the liberal ideas facing the democracy concept is stated.
Then, the main sources of the classic Liberal Constitutionalism
debate are studied. Finally, some conclusions about the
origin of Social State subject to the rule of law are drawn. |
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