Chapter 7 addresses changes in fundamental rights within the tension between social evolution and constitutional stability. How is constitutional thinking responding to the challenge posed to fundamental rights by non-state actors? How can we understand the increasing importance of technology for freedom of expression? These questions lie at the heart of the sociological view of fundamental rights as social institutions arising from modernisation. This perspective emphasises the function of fundamental rights and the emergence, growth, and impact of these norms, in contrast to the state-centred, mostly defensive understanding of fundamental rights that prevails in legal practice. The Swiss legal system provides an enlightening case study for the socially based expansion of fundamental rights. At the end of the 1950s, the Federal Supreme Court was a global pioneer in recognising various unwritten fundamental rights, resolving the tension between social change and constitutional stability through the imposition of strict conditions on the acknowledgement of unwritten rights. This makes it a remarkable example of how a national supreme court interprets its role as guardian of the development of fundamental rights with restraint, while appealing to social acceptance when democratic legitimacy was formally lacking.