A Debate on Constitutional Dilemmas
53 Pages Posted: 14 Oct 2008
Date Written: October 14, 2008
This contribution includes three papers by Guillermo Lariguet, Silvina Alvarez, and David Martinez Zorrilla on the topic of Constitutional Dilemmas sparked by the publication of Lorenzo Zucca's book with the same title. The authors engage in a discussion of the main theses of the book including the very notion of dilemmas and their relevance for legal reasoning; the question of conflicts of fundamental rights in theory and practice; the notion of incommensurability and its relevance in the definition of conflicts of rights; and many other issues. The three papers are completed by a reply by Zucca who takes on board criticisms in order to revise his own position.
Keywords: conflict of rights, incommensurability, value pluralism, fundamental rights, privacy, indeterminacy, legal reasoning, dilemmas
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