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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Fundação Getúlio Vargas, Escola de Direito
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| Series: | Revista Direito GV |
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| _version_ | 1832573402038140928 |
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| author | João Costa Neto |
| author_facet | João Costa Neto |
| author_sort | João Costa Neto |
| collection | DOAJ |
| description | 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 purpose in this article is to show that both trumping and balancing are not only compatible, but possibly complementary. What i will argue is that it is not only possible to have a workable arrangement of constitutional rights that incorporates both trumping and balancing, but it is also better and more plausible if we have one. |
| format | Article |
| id | doaj-art-1e4b8f01ac2e4c4691e993ea3a295b35 |
| institution | Kabale University |
| issn | 2317-6172 |
| language | English |
| publisher | Fundação Getúlio Vargas, Escola de Direito |
| record_format | Article |
| series | Revista Direito GV |
| spelling | doaj-art-1e4b8f01ac2e4c4691e993ea3a295b352025-02-02T04:24:14ZengFundação Getúlio Vargas, Escola de DireitoRevista Direito GV2317-617211115918710.1590/1808-2432201508S1808-24322015000100159RIGHTS AS TRUMPS AND BALANCING: RECONCILING THE RRECONCILABLE?João Costa NetoThere 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 purpose in this article is to show that both trumping and balancing are not only compatible, but possibly complementary. What i will argue is that it is not only possible to have a workable arrangement of constitutional rights that incorporates both trumping and balancing, but it is also better and more plausible if we have one.http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322015000100159&lng=en&tlng=enTrunfossopesamentodireitos fundamentaisprioridade lexical |
| spellingShingle | João Costa Neto RIGHTS AS TRUMPS AND BALANCING: RECONCILING THE RRECONCILABLE? Revista Direito GV Trunfos sopesamento direitos fundamentais prioridade lexical |
| title | RIGHTS AS TRUMPS AND BALANCING: RECONCILING THE RRECONCILABLE? |
| title_full | RIGHTS AS TRUMPS AND BALANCING: RECONCILING THE RRECONCILABLE? |
| title_fullStr | RIGHTS AS TRUMPS AND BALANCING: RECONCILING THE RRECONCILABLE? |
| title_full_unstemmed | RIGHTS AS TRUMPS AND BALANCING: RECONCILING THE RRECONCILABLE? |
| title_short | RIGHTS AS TRUMPS AND BALANCING: RECONCILING THE RRECONCILABLE? |
| title_sort | rights as trumps and balancing reconciling the rreconcilable |
| topic | Trunfos sopesamento direitos fundamentais prioridade lexical |
| url | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322015000100159&lng=en&tlng=en |
| work_keys_str_mv | AT joaocostaneto rightsastrumpsandbalancingreconcilingtherreconcilable |