Criteria to scrutinize new rights: protecting rights against artificial proliferation

Human and fundamental rights are powerful legal means to protect promote human dignity. On the one hand, recognition of implicit new appears unavoidable desirable as history its evolving circumstances permanently present challenges other an artificial proliferation can weaken rights’ political worth. The system cannot expand limitless, hence criteria test must be construed in search adequate parameters update system. These should reveal presence substantial fundamentality not explicitly or formally enshrined constitutional text. testing path is conceived a discursive process which reinforces mutual relation between democracy.