Procedure, fundamental rights and the transition from the classical liberal state to the contemporary state

Abstract

This paper presents the transition from the Liberal Classical State to the Contemporary State, sketches a brief history of that process and describes the concept of law and procedure in each one of these states, highlighting the liberal rationalist paradigm and neoconstitutionalism. Then it analyzes the principle of judicial control, discussing its history and current design in the light of the effectiveness of adjudication and the needs of the Contemporary State. It concludes by presenting the findings of these reflections on the principle of due process, stressing the need for action appropriate to the concrete case for an effective protection of substantive rights.

Key words: constitution, access to justice, fundamental rights, contemporary State, civil procedure, constitutional principles of procedure.