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Grundrecht in Sozialer Rechtsstaat

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 26(), pp.179-196
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KyuHah Kim 1

1경기대학교

Accredited

ABSTRACT

One of the principles in the Constitution, which is closely related to the foundation of a law-governed state, is Constitutionalism.The core essence of a constitutional state is to guarantee human-rights and the main characters of human-rights could be differentiated as time goes on. As an additional explanation, the term ? human rights had actually appeared from a modern state and it has been going on today laying stress on the right to live. In the present society, all the dramatic changes as the conditions of securing all constituencies right to live could be explained from the existence of property right in a country which has adapted free market economy system.The additional explanation follows as: Since the power of the absolute property rights which was emphasized in the modern ages have become relatively weak as time have passed, therefore the rights had to be materialized based on a certain social contractions.Under the consciousnesses, this research paper had divided the nation into the two parts according to the main character of basic human rights, which are liberalism- based legal state and that of socialistic-based, and reviewed.

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