Основните права - субективни права в публичното право. Правото на образование
Fundamental rights - subjective rights in the public law space. Right to education

Author(s): Emilia Drumeva
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: rights; public law; right to education
Summary/Abstract: The quality and realization of fundamental rights as subjective rights (resp. as a source of such rights) in the public law space represents one of the two main components in the heart/essence of fundamental rights; the other component is - fundamental rights as objective values, for which achievement the social contract is concluded. Inherent to subjective rights at all is to contain a legal pretention to somebody, in this case – to the state, to do something or not to do. The pretention is guaranteed by the obligation of the state to care for realization of the rights ant protection against violation. with the recognition of the social rights as fundamental rights the constitutional guarantees cover also the social function of the state. Today the question is about the thoroughness in fulfilment of fundamental rights. Further the attention is on one single fundamental right with a complicated legal nature – the right to education (Art 53 CRB).

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