3023
The Constitutional reform of 1994 incorporated chapter II under the title "New rights and guarantees", thus broadening the classic catalogue of rights, to the rights of collective incidence or "new rights". Face up to the contributions of classic constitutionalism, which limited...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2014
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/5/los-derechos-politicos-y-electorales.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_3023 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_3023.dir/3023.PDF |
| Aporte de: |
| Sumario: | The Constitutional reform of 1994 incorporated chapter II under the title "New rights and guarantees", thus broadening the classic catalogue of rights, to the rights of collective incidence or "new rights". Face up to the contributions of classic constitutionalism, which limited the Constitutional rights to the "subjective rights", the new chapter includes rights that are not related to an individual but which belong to a large group of people. In that way, to civil and political rights (first generation) and social and economic rights (second generation), collective rights (third generation) are also added, among which the Constitution lists the rights to environment and rights of users and consumers. The chapter also includes the electoral rights and of political parties, even though they are considered classically of first generation, they are located in the new chapter since they were not taken into account explicitly in the historic Constitution, although the doctrine and the jurisprudence had already picked them up from the regulation of article 33 with broad criteria. Then the new so-called rights of political involvement are placed, such as the popular initiative and the referendum. In that way, the Constitution emphasizes the transit from an individualistic and representative model to a democratic model that also considers participation as a value. Rights of first generation were founded on freedom as a value, second generation did in equality and third generation, in solidarity. Participation rights, ultimately, are those which have been considerably extended through reforms to the electoral law. |
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