Conflicts of Fundamental Rights as Constitutional Dilemmas

CONFLICTS BETWEEN FUNDAMENTAL RIGHTS, Eva Brems, ed., Antwerp/Oxford/Portland, 2008

54 Pages Posted: 4 Jul 2008

See all articles by Lorenzo Zucca

Lorenzo Zucca

King's College London – The Dickson Poon School of Law

Date Written: July 2, 2008

Abstract

This paper deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this paper is that fundamental rights may clash in such a way that no rational solution can be advanced. I call these conflicts 'constitutional dilemmas.' However, we should not despair: when we define precisely what amounts to a genuine conflict of fundamental rights, most of the cases will appear to be spurious conflicts, which can be rationally dealt with.

Keywords: Fundamental Rights, Rights, Balancing, Deference, Incommensurability, Value Pluralism, Legal Philosophy, Constitutional Theory, Conflicts, Law and Morality, Judicial Review, Constitutional Law, Comparative Constitutional Law, Judiciary, right answer, proportionality, basic liberties

Suggested Citation

Zucca, Lorenzo, Conflicts of Fundamental Rights as Constitutional Dilemmas (July 2, 2008). CONFLICTS BETWEEN FUNDAMENTAL RIGHTS, Eva Brems, ed., Antwerp/Oxford/Portland, 2008. Available at SSRN: https://ssrn.com/abstract=1154528

Lorenzo Zucca (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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