A set of rights recognized and guaranteed by higher norms of the legal systems or coming from other sources, which contain values transcendent to the own material constituent power, considered worthy of protection by a certain normative system. They consecrate subjective and basic positions of consecrated and established individuals at the constitutional, formal and material levels, designating the effective rights of the people before a concrete political organization. The term fundamental rights applies to internal orders. Respect for the fundamental rights is one of the most identifiable signs of a given legal order.
Published in Chapter:
The New Paths of Fundamental Rights in the 21st Century: Globalization and Knowledge in a Digital Age as a Proposal
Fátima Monteiro Pacheco (Instituto Superior de Contabilidade e Administração do Porto (ISCAP), Portugal) and Dora Resende Alves (Universidade Portucalense Infante D. Henrique, Portugal)
Copyright: © 2019
|Pages: 26
DOI: 10.4018/978-1-5225-8350-9.ch001
Abstract
The protection of fundamental rights is one of the essential elements of European identity. Thus, knowledge of the law is crucial for the realization and guarantee of fundamental rights: knowing the law must be the first of the fundamental rights that assist us. Despite the abundance of declarative texts, the lack of identification and visibility and the lack of knowledge about the gracious and contentious ways, continue to be barriers to the full affirmation of those rights. The authors present a review on the legal structure of this novel space in which we move: a common space without borders, a space of democracy, an area of freedom, security, and multiculturality. Elencare which rights to citizens and how to access them intends to give shape to a future portal of enlightenment. The approach will be tripartised by the portuguese constitutional system, the European Convention on Human Rights and the European Union.