Estado de derecho y práctica de los derechos humanos

Abstract

This article is divided in two parts. In the first one it faces the concepts of (and relationship between) the rule of law and human rights. In the second one, this topic will be analyzed from the point of view of the evolution of law, what implies also the evolution of the rule of law. In the first part, the aim is to show that rule of law and human rights are two different but complementary practices, both able to realize different aspects of justice, both necessary for the success of law. The rule of law regards the way of decision making for coordination; human rights aim for the protection of fundamental interests of human beings. In different points these two practices interact, but in the light of their complementarity it is important to maintain their separation.