Chapter

The Concept of Fundamental Legal Rights

Lorenzo Zucca

in Constitutional Dilemmas

Published in print July 2008 | ISBN: 9780199552184
Published online January 2009 | e-ISBN: 9780191709630 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552184.003.0002
 The Concept of Fundamental Legal Rights

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This chapter proposes a stipulative definition of fundamental legal rights that attempts to single out the most important features of those rights, which are discussed under four headings: the point, the structure, the content and the functions of rights. Mainstream theories of rights, such as the interest theory and the will theories are criticised and a status theory of fundamental legal rights is offered instead. More precisely, the chapter develops a theory that treats fundamental legal rights differently from ordinary legal and moral rights. Such a theory is centred on the idea of immunity given by fundamental legal rights which corresponds to the idea of disability on the part of the legislative power. In particular, fundamental legal rights give individuals a status of inviolability.

Keywords: interest theory of rights; will theory of rights; status theory of rights; immunity; inviolability; structure of rights; point of rights; scope of rights; function of rights

Chapter.  11433 words. 

Subjects: Constitutional and Administrative Law

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