CONSTITUTIONAL STATE AND FUNDAMENTAL RIGHTS: A REFLECTION FROM SPANISH CONSTITUTIONAL LAW
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Abstract
The new relationship between the State and fundamental rights should be underlined. New relationship that was first perceived in Weimar a hundred years ago.
The state is no longer only a potential threat to freedom, but is also set up as its protector and guarantor. On the other hand, some proposals for constitutional reform must be made that could contribute to the improvement of the system of rights (an already extraordinarily advanced and guaranteed system) established by the Spanish Constitution of 1978 and which are in the wake of strengthening social rights.
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