Abstract

MORA SIFUENTES, Francisco M.. Constitutional rights influence in legal system: his objective dimensión. Bol. Mex. Der. Comp. [online]. 2017, vol.50, n.150, pp.1215-1258. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2017.150.11838.

Constitutional rights have certainly become central to modern constitutional democracies. This centrality is clear in relation both to courts decisions and to theoretical developments of rights since the second half of the twentieth century, -partly, thanks to the influential case law of the German Federal Constitutional Court. The “effect of irradiation”, State protection duties and the horizontal effect (Drittwirkung) are key elements to any theory of constitutional rights whitin the framework of contemporary legal constitutionalism, both in the State-nation and in the international order. This paper seeks to provide tools for legal practitioners. For this purpose, the above mentioned elements will be analyzed in a way that could be properly understood. Some thoughts will provided for further research.

Keywords : Constitutional rights; irradiation effect; State protection duties; horizontal effect; neo-constitucionalism.