56 • Due process in the Neoconstitutionalism
Is that when incorporated into the international treaties and covenants to our national Constitution with the reform of the year 94, the judge during the processing of the process and at the time of the judgment that will put an end to the conflict between the parties, you must take into account not...
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| Formato: | Artículo revista |
| Lenguaje: | Español Inglés |
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Secretaría Académica | UNR
2015
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| Acceso en línea: | http://www.e-universitas.edu.ar/index.php/journal/article/view/128 |
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| Sumario: | Is that when incorporated into the international treaties and covenants to our national Constitution with the reform of the year 94, the judge during the processing of the process and at the time of the judgment that will put an end to the conflict between the parties, you must take into account not only the domestic legal system, but also the content as projected by the Human Rights.The Neoconstitutionalism is a theory of law that is aimed at the study of the fundamental rights and the principles that arise from them.Not only it is transcendental the consecration of rights inherent in all human beings in the national constitutions, triumph that is attributed to constitutionalism, but also that is of importance and sum need seek mechanisms that achieve to do so in reality.The right to an effective judicial protection, right on the main resting today due process, is recognized in these international covenants thus gaining status as a human right.It is as well as the Neoconstitutionalism is with the procedural law in the mission of ensuring that the process becomes a tool of real access to justice.For its part, the former optical with which they looked at the cases to be resolved, have become inadequate compared to the evolution of societies and the increase of aspects which converge in the conflict of social relations.That is why the responses of the Legislative Power in relation to these conflicts can become inadequate in the adoption of legal standards and there the responsibility is moved to the Judiciary, which should provide access to justice in accordance with the new parameters. |
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