CÓDIGOS DECIMONÓNICOS Y DERECHOS FUNDAMENTALES

Abstract

The problem of the relationship between Codes and fundamentals rights can be seen by the light of the called «material Constitution». The Code it is a complement of the liberal «material Constitution»: could be spoken of the existence of a couple functional Constitution-Code. The image of the State and the private fellow’s image are reflective the one of the other one. In the case of the liberal State the relationship between both it is inspired for the idea of the «individual guarantee», in which the Sate believes a juridical public lattice basically to the service of the class of proprietors. In that relationship, and in accordance with the idea of the abstract subject of rights, coming from the rational natural law, it is the idea of formal equality the one that explain the whole position of the rights of the citizens in the liberal juridical order. For it, except for the guarantee of the security and the freedom, always referred to the individual proprietor, the idea of fundamentals rights just as we understand it today, alone it will arise with the «social question» and the rising crisis of Codes and liberal Constitutions