Abstract

DURANGO ALVAREZ, Gerardo A.. INTANGIBILITY PROTECTION CLAUSES OF FUNDAMENTAL RIGHTS AS A WARRANTY FROM THE DEMOCRATIC MAJORITY - MINORITY DEMOCRATIC. anal.polit. [online]. 2015, vol.28, n.84, pp.102-114. ISSN 0121-4705.  https://doi.org/10.15446/anpol.v28n84.54641.

The thesis to be developed in this paper, seeks to address the following question: constitutional provisions that establish clauses intangibility and procedures aggravated reform of fundamental rights guarantees to the excessive interference of the legislature derived by restricting develops or limits I too fundamental rights? Answering this question will be one of the objectives of this work. Initially it is stated that the clauses of inviolability enshrined in the legal systems are understood as limits explicit materials that seek to guarantee fundamental rights through free intervention of the legislature derived areas, as happens in various jurisdictions such as Spain, Germany, Brazil and Chile. The Constitution of Germany, for example, designed a intangibility clause enshrined in Art. 79-3 Bonn Act of 1949, as a special mechanism of protection of fundamental rights and model of Federal State and Social. From this point of view, this paper analyzes the clauses of the inviolability of rights as limits to power as enshrined aggravated mechanisms that cannot be changed arbitrarily by legislative majorities come previously designed within the same legal system, such as form of government, the democratic system, the constitutional principles or fundamental rights.

Keywords : Intangibility; fundamental rights; legislature derived; clauses intangibility; Constitution policy nternational Relations; Foreign Policy; Colombia; Discourse analysis; Framing; Media.

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