Abstract

MURILLO DE LA CUEVA, Pablo Lucas. Derechos fundamentales y avances tecnológicos: Los riesgos del progreso. Bol. Mex. Der. Comp. [online]. 2004, vol.37, n.109, pp.71-110. ISSN 2448-4873.

This article explains th e existence of certain dynamic in the legal order, produced by demands related to the emerging needs of social life, which in turn result from modifications experienced by the latter. Commonly, those changes spring from innovations that are produced by scientific progress and its practical applications. The article also explains that the legal system responds to such process of change either through the production of statutes, or by way of judicial decisions and their interpretation. The author argues that the adjustment between reality and norms takes place to an important extent through the activity of judges, who by applying legal rules to solve concrete cases, extend legal rules to situations that were not originally foreseen by statutes.

Keywords : legal change; fundamental rights; judicial function.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )