RIGHTS AS TRUMPS AND BALANCING: RECONCILING THE RRECONCILABLE?
There appears to be a widespread assumption among those who defend balancing in constitutional rights that it is incompatible with the idea of rights as trumps, because public interests and constitutional rights are to be balanced without any type of pre-fixed priority or lexical ordering. My purpos...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Fundação Getúlio Vargas, Escola de Direito
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| Series: | Revista Direito GV |
| Subjects: | |
| Online Access: | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322015000100159&lng=en&tlng=en |
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