TITLE

DEFINING THE CONCEPT OF FUNDAMENTAL HUMAN RIGHTS IN THE LIGHT OF JURIDICAL VALUES THEORY

AUTHOR(S)
Pavel, Nicolae
PUB. DATE
January 2011
SOURCE
International Conference : CKS - Challenges of the Knowledge Soc;2011, p779
SOURCE TYPE
Conference Proceeding
DOC. TYPE
Article
ABSTRACT
We find relevant for this study to highlight the general trend that the evolution of the concept of fundamental human rights approach and implicitly that of human rights in light of the values theory in general and juridical values in particular, established by the general principles both of the Romanian Constitution-republished, and those set out in the Preamble to the universal and European standards for human and citizen rights, on these values. By the expression citizen rights we refer to the European standard, namely Charter of Fundamental Rights of the European Union. This is why the study begins with the justification of the scientific approach by identifying the general principles by which the documents referred to proclaim the rights of supreme values, universal values, European values and common values for countries that have ratified the universal or European document on human rights or fundamental rights. Following a key-scheme, conceptual demarcation in the field of values knowledge study, the establishment of three levels of genesis in their valuation process and, finally a systematic hierarchy of juridical values, and determining the place of supreme values in this hierarchy are analyzed successively. The final part of this study is devoted to the diachronic approach to the concept of fundamental rights and exploitation of this approach to establish the concept of fundamental rights in the light of legal values theory.
ACCESSION #
61066415

 

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