Estado social de derecho y derechos sociales fundamentales
The transformation of the liberal state from a policed state to one ensuring human dignity, finds its foundations in the social estate law and establishment of the law. This is stated in the right to material equality, human dignity and pluralism of the emerging society that appears as a counterbala...
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Format: | Article |
Language: | Spanish |
Published: |
2011
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6713621 |
Source: | Academia & Derecho, ISSN 2539-4983, Nº. 2, 2011, pags. 17-25 |
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Summary: |
The transformation of the liberal state from a policed state to one ensuring human dignity, finds its foundations in the social estate law and establishment of the law. This is stated in the right to material equality, human dignity and pluralism of the emerging society that appears as a counterbalance to the rigid notion, hierarchical, and abstract interpretation or formalist of the law.
In the development of the new social realities, the fundamental social rights are essential support for the social estate law, after a while they became inherent to the institutional power of the liberal estate. An attribute of the individual person as a collective human being and the basis of its legitimization in order to recognize them as constitutional, however, they are ambiguous. In Colombia, after the 1991 constitution reform, the social estate law was established as an explicit clause and a fundamental principle guiding the |
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