The concept of fundamental rights in Habermas theory: of communicative action a factual and validity

Abstract

The present test tries to analyze the fundamental rights in the habermasiana theory. For this author the fundamental rights present/display

legal and political order; as soon as intersubjective constructions, these
two dimensions thus,as soon as conditions of possibility, legitimize are based on the participativa and discursiva dynamics of the citizens
of the fundamental rights necessarily takes in consideration two central
under conditions of rationality and impartiality. This double dimension
aspects from the habermasiana communicative theory: first, the budgets
of understanding derived from the validity pretensions and second, the
discursivos procedural mechanisms.