scholarly journals La cláusula de apertura constitucional y su evolución en México

2021 ◽  
pp. 49-64
Author(s):  
Lilián Galván Bautista

RESUMEN: Este estudio describe la trayectoria histórica de la cláusula de apertura constitucional que poco a poco se ha consolidado con la evolución del constitucionalismo. Se observa que la cláusula de apertura constitucional, en sus varias modalidades, conduce a alcanzar una proyección internacional de los derechos fundamentales, con la finalidad de reforzar desde la propia Constitución su reconocimiento, respeto, protección y garantía en los países que desean instituir su democracia con un Estado Social de Derecho. Como consecuencia, nos invita a reflexionar en qué punto del camino se encuentra la evolución de los derechos fundamentales.ABSTRACT: This study describes the historical trajectory of the constitutional opening clause that has gradually consolidated with the evolution of constitutionalism. It can be seen that the Constitutional opening clause, in its various forms, leads to an international projection of fundamental rights in order to reinforce from the Constitution itself their recognition, respect, protection an assurance in countries that wish to establish their democracy with a Social State of Law. As a consequence, it invites us to reflect on where the evolution of fundamental rights finds itself.Keywords: Constitution, fundamental rights, constitutional opening clause.

2021 ◽  
Vol 11 (2) ◽  
Author(s):  
Ana Campina ◽  
Carlos Rodrigues

The unexpected pandemic 2020 context brings to humanity the effective relevance to the minimum existential, to the human rights, more than the discourse, but the real need of the protection from the main legal instruments. The paper proposes and discusses the connection with the need for tax collection by the states to meet the expenses of the social state, namely for education expenses, and whether the economic limitation caused by the current pandemic in face of the sharp decline in GDP and which has necessarily associated with a large decrease in the collection of tax revenues, which may compromise the right to education. From the findings of the study, concerning the new technologies and their dependence, the actual context shows that it is not an option but an effective need for everyone, so the states and the international community have the obligation to generate conditions of the best access and should promote the pedagogical need in this subject.   Keywords: Fundamental rights, social state, taxes, property protection, education.


Author(s):  
Thomas Casadei

The controversial notion of social rights is situated at the heart of the relations between some key categories in the philosophical-juridical lexicon, such as equality, solidarity, citizenship and social state. The book sets out by dealing with their genesis towards the end of the eighteenth century, with particular attention to the lines of argument of Thomas Paine, to go on to examine their development, their juridical configuration and the criticisms levelled at them during the twentieth century, before arriving at basic income theories, namely alternative proposals going beyond social rights (and the juridical-constitutional forms in which they came into being). Hence, the question is dealt with up to the context of globalization and the complicated processes of European unification, also in order to single out ways to relaunch democracy itself 'from the bottom'. The underlying idea is that social rights are legitimately «fundamental» and «human rights» and that to be due they need two structural conditions: to be conceived of as «indivisible», «interdependent» and «interconnected» with respect to other fundamental rights (as ratified by the Vienna Declaration of 1993) and to be rooted contextually within a social and institutional space which today necessarily has to be multilevel but which, at the same time, does not leave aside the states' power of regulation and implementation.


2016 ◽  
Vol 22 (4) ◽  
pp. 367-379 ◽  
Author(s):  
Régine Debrosse ◽  
Megan E. Cooper ◽  
Donald M. Taylor ◽  
Roxane de la Sablonnière ◽  
Jonathan Crush

2019 ◽  
Vol 1 (1) ◽  
pp. 31
Author(s):  
Fernando Ledesma Perez ◽  
Maria Caycho Avalos ◽  
Juana Cruz Montero ◽  
Andrea Ayala Sandoval

Citizenship is the exercise of the fundamental rights of people in spaces of participation, opinion and commitments, which can not be violated by any health condition in which the individual is. This research aims to interpret the process of construction of citizenship in hospitalized children, was developed through the qualitative approach, ethnomethodological method, synchronous design, with a sample of three students hospitalized in a health institute specializing in childhood, was used Observation technique and a semi-structured interview guide were obtained as results that hospitalized children carry out their citizenship construction in an incipient way, through the communication interaction they make with other people in the environment where they grow up.


Author(s):  
W. Elliot Bulmer

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.


2020 ◽  
Vol 1 (1) ◽  
pp. 132-135
Author(s):  
William J. Daniels

This personal narrative recounts the experiences of an NCOBPS founder, who discusses significant events in his life from student to faculty that motivated his professional journey, including his participation in the founding of NCOBPS. It reflects on what it meant to be a black student, and later, a black faculty member teaching at a predominantly white institution in the political science discipline in the 1960s. It also provides a glimpse into how the freedom movements shaped his fight for fundamental rights as a citizen. Finally, it gives credence to the importance of independent black organizations as agents for political protest and vehicles for economic and social justice.


2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.


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