Human rights and states of exception

Abstract

This paper studies in a general way the constitutional legal figure of the States of exception, as a State mechanism to face the unpredictability human life is subjected to, affecting the application of the existing legal order which final purpose is the preservation of the ordinary institutions validity and its full forcefulness re-establishment. After this, the existent controls are developed in front of the ones from the State of exception due to possible abuses from the executive board in the exercise of its functions involving to declare exceptionality in its favor with the specific purpose of protecting the full effect of the Constitution and Human Rights as intangible and inalienable Rights.