7533
This paper shall present two recent approaches on the relation between the institutions of constitutional democracy and rights. The first approach contends that those institutions should apply the same kind of reasoning in order to justify its decisions on rights. That reasoning is grounded on the...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2024
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_7533 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_7533.dir/7533.PDF |
| Aporte de: |
| Sumario: | This paper shall present two recent approaches on the relation between the institutions of constitutional democracy and rights. The first approach contends that those institutions should apply the same kind of reasoning in order to justify its decisions on rights. That reasoning is grounded on the principle of proportionality. The second approach contends that each institution should become a specialist in a different kind of reasoning. Thus, each one of them would do a peculiar contribution to the protection of rights. The aim of this paper is to allow to an interested, but not expert, reader to quickly get acquainted with reference works and authors of each approach |
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