AND
the rule of law Constitution would not be understood without the protection of the fundamental legal guarantees of the people. The conception of human rights determines, in this way, the actions of the public authorities and their members, thus reconfiguring the relationship between people and their claims against the State, as well as towards factual power groups.
There is no doubt that in current constitutional law the language of individual guarantees has permeated more than any other, in the background of which lie long and turbulent historical struggles that have resulted in aspirations, ideals, principles, conceptions of life and new cultures, product itself of social change. It is here where the ductility
of law in constitutional States, referring to the capacity of the State to generate conditions that allow the coexistence of the diverse interests that move society, as well as the proposal of a peaceful solution of social conflicts through the creation of institutions and the establishment constitutional mechanisms that also work. This is what Luigi Ferrajoli was referring to with the sphere of the undecidable
or Garzón Valdés with the closed preserve
.
That the institutions work depends on their constitutional design and the extent of their results for the benefit of the people, as well as on a vital factor: the political will to start them up and serve what they were constitutionally created for.
The quality of the procedures and mechanisms that are crystallized in our Political Constitution also depends on their scope, their efficiency and our ability to identify them.
Today more than ever, citizen participation as a mechanism of social action is imperative to reinforce the sense of democracy in our country.
Currently, we not only have a solid representation system, but we also have alternative channels of direct democracy that strengthen our political system.
Rights do not fall from the sky, they have not only been the product of bloody social struggles, now rights are built in jurisdictional instances after long legal battles, which give them momentum and definition.
Due to the above, today more than ever legal operators have the important task of ensuring the maximum protection of the rights and freedoms of Mexicans.
Here is a substantial change between the nineteenth-century rule of law and the dogma of legal positivism, which proclaimed blind obedience to the law, and whose law was seen as an end in itself, and a Constitutional State that predominates in democratic countries, in which center is the person and the protection of their rights.
No interest group, political party, union or religion can be above the rights of people.
