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http://hdl.handle.net/10071/3883
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Title: Robert Alexy’s A Theory of Constitutional Rights critical review: key jurisprudential and political questions
Authors: Pace, Cristina
Keywords: Democracy and legal systems
human and fundamental rights
theoretical foundations
constitutional rights reasoning
legal argumentation and legal reasoning
multilevel legal systems
legal pluralism
proportionality and balancing
rational methodology
limit of rights
conflicting rights
European Union’s constitutional order
Issue Date: 25-Oct-2012
Series/Report no.: DINÂMIA
DINAMIA_WP_2012-01
Abstract: Abstract The question of the theoretical foundations of fundamental rights and of the coherence in the application of constitutional rights reasoning in different legal systems is one of the foremost issues of all democratic constitutional states where there is a presence of a Bill of Rights, in continental European jurisprudence as well as in other common law jurisdictions. The analysis of how constitutional rights reasoning on fundamental rights is structured in the legal process of constitutional states is in fact deeply linked with the very concept of democracy and of a democratic state: a substantive, structural theory of fundamental rights is essential in every contemporary democratic society, being crucial for both its legal and political structure. Alexy’s substantial general theory of fundamental rights constitutes in this respect a major contribution to the development of constitutional law and legal reasoning, one which goes well beyond the interpretation of the German basic law, providing a theory of general application relevant to most, if not all, European as well as non-continental legal orders.
Peer reviewed: Sim
URI: http://hdl.handle.net/10071/3883
DOI: 10.7749/dinamiacet-iul.wp.2012.01
Appears in Collections:DINÂMIA'CET-WP - Working papers com arbitragem científica

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