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
There are 2 versions of this paper
Fundamental Rights and Other Interests: Should it Really Make a Difference?
Fundamental Rights and Other Interests - Should It Really Make a Difference?
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: Suggested Citation