Fundamental Rights and Other Interests - Should It Really Make a Difference?

CONFLICTS BETWEEN FUNDAMENTAL RIGHTS, E. Brems, eds., pp. 655-690, Antwerpen/Oxford/Portland: Intersentia, 2008

36 Pages Posted: 17 Jul 2009 Last revised: 28 Sep 2009

See all articles by Janneke Gerards

Janneke Gerards

Utrecht University - Faculty of Law; Institute for Jurisprudence, Constitutional and Administrative Law

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Date Written: 2008

Abstract

The perceived special character of fundamental rights has an important influence on judicial method.The question is, however, whether the distinction we make between "classic" fundamental rights and other interests is always reasonable and if it is justifiable to attach far-reaching judicial consequences to the distinction. There is good reason to reconsider the view that cases concerning (conflicts between) classic fundamental rights form a special category and deserve special judicial scrutiny.

Keywords: fundamental rights- conflict

Suggested Citation

Gerards, Janneke, Fundamental Rights and Other Interests - Should It Really Make a Difference? (2008). CONFLICTS BETWEEN FUNDAMENTAL RIGHTS, E. Brems, eds., pp. 655-690, Antwerpen/Oxford/Portland: Intersentia, 2008, Available at SSRN: https://ssrn.com/abstract=1435247

Janneke Gerards (Contact Author)

Utrecht University - Faculty of Law ( email )

Achter Sint Pieter 200
Utrecht, 3512 HT
Netherlands

Institute for Jurisprudence, Constitutional and Administrative Law ( email )

Achter Sint Pieter 200
Utrecht, 3512 HT
Netherlands

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