Core Principles of Constitutional Law and Human Rights
Fundamental Concepts and Principles
Bases or Principles
The fundamental concepts guiding existing institutions.
Humanist Conception of Society
A set of core values refined over time within Western society.
Fundamental Rights
Rights that emanate directly from human nature.
Rights Emanating from Human Nature
Powers recognized by positive law, enabling the material and spiritual fulfillment of the person.
Respect for Rights
The state’s obligation to abstain from infringing upon the rights of individuals.
Equality of Opportunity
The right of individuals to a minimum level of material and spiritual welfare compatible with human dignity.
Principle of Subsidiarity
The state recognizes the freedom and autonomy of individuals and intermediate bodies to satisfy needs, reserving the right to intervene when necessary.
The Common Good
The set of social conditions enabling the highest spiritual and material fulfillment for each person within the nation.
Characteristics of the Common Good
- Enables greater spiritual and material accomplishment for people.
- Requires establishing social conditions for individuals to achieve maximum possible fulfillment.
- Aims for the fulfillment of all members of the national community.
- According to Thomist philosophy, these conditions must respect constitutional rights and guarantees, not be achieved at any cost.
Democratic Constitutionalism and Governance
Emerged in the late 18th century, characterized by principles aimed at limiting state power to protect individual freedom and rights.
Key Definitions
- Nation: A community united by common elements such as race, language, religion, etc.
- Semi-direct Government Institutions: Mechanisms that allow direct citizen involvement in the conduct of state politics.
- The People: The body of citizens enrolled on electoral rolls, possessing political rights.
Core Legal Principles
- Principle of Constitutional Supremacy: The constitution is the supreme law, governing the legal system both formally and materially.
- Principle of Administrative Law:
- Political Aspect: The administration is subordinate to the legislature.
- Legal Aspect: Administrative acts require prior legal authorization.
- Principle of Judicial Law: The judiciary, in its organic structure, is strictly subject to the law.
- Rule of Law: Both the governed and the rulers are subject to the legal system. This is guaranteed by independent courts with the competence to judge both citizens and government officials.
Types of Rights
- Individual Rights: Satisfied by the mere action of the rights holder.
- Social Rights: Satisfied through economic benefits or state services.
Competing Legal Philosophies
| Ius Naturalism (Natural Law Theory) | Ius Positivism (Legal Positivism) |
|---|---|
Posits that rights derive inherently from human nature (potentially grounded in specific legal articles, e.g., Art. 1 Cl. 1, Art. 5 Para. 2, Art. 19 header). Characteristics:
| Posits that the rights of persons originate solely from the will of the state. Individuals possess only those rights granted by the state. Consequently, just as the state can grant rights, it can also revoke them. |