Human rights as a basis for reevaluating and reconstructing the law

Édition en langue anglaise


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Human rights law was first asserted in the context of the emancipation of the American colonies and the overthrowing of the French monarchy. It was then immediately embodied in declarations of individual rights in order to impose checks upon governmental power. These rights were reaffirmed and internationalised after the world conflicts which marked the 20th century and provide both the foundation of democracy and a bulwark against its excesses.
Since the Enlightenment, human rights have been considered as the source of the State's legitimacy. However, their universal affirmation in 1948 and their subsequent embodiment in national constitutions marks the beginning of a spectacular evolution rendering them the main mode of expression for social and political demands and a common denominator in legal systems in contemporary democracies. In this way, they act as a bridge between culture, politics and law and a hinge between different legal systems.