Abstract

UGARTE, José Luis. RIGHTS IN THEIR NEW PHASE: EXTERNAL THEORY OF THE FUNDAMENTAL RIGHTS. RDUCN [online]. 2011, vol.18, n.2, pp. 361-373. ISSN 0718-9753.  http://dx.doi.org/10.4067/S0718-97532011000200013.

The constitutional expression of the Law has meant the building of a theory about the application of the fundamental rights that states three different issues related among them: first, that it is basically about principle norms, second, that its contradictions are solved by means of the consideration, and third, that the determination of the content of such rights must be exercised widely. All these statements have been called external theory of the fundamental rights and the aim of this article is to show the necessary relationship among all of them, especially analyzing the least known side of this theory, such as the wide concept of the protected sphere of said rights.

Keywords : Fundamental rights; neo-constitutional; principles; restriction; consideration.