Ways of Solving Conflicts of Constitutional Rights: Proportionalism and Specificationism
José Juan Moreso
Universitat Pompeu Fabra
Ratio Juris, Vol. 25, Issue 1, pp. 31-46, 2012
This paper deals with the question of the conflict of constitutional rights with regard to basic rights. Two extreme accounts are outlined: the subsumptive approach and the particularistic approach, that embody two main conceptions of practical rationality. Between the two approaches there is room for a range of options, two of which are examined: the proportionalist approach, which conserves the scope of rights restricting their stringency, and the specificationist approach, which preserves the stringency of rights restricting their scope. I will present arguments in defence of the latter.
Number of Pages in PDF File: 16Accepted Paper Series
Date posted: February 23, 2012
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