A Framework to Deal with Conflicts of Fundamental Legal Rights

Lorenzo Zucca

in Constitutional Dilemmas

Published in print July 2008 | ISBN: 9780199552184
Published online January 2009 | e-ISBN: 9780191709630 | DOI:
 A Framework to Deal with Conflicts of Fundamental Legal Rights

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This chapter tries to bridge the theory of conflicts (part 1) with the practice of conflicts (part 2). In order to do so, it offers a definition of constitutions as frameworks, within which takes place the contest of values generally arbitrated by constitutional courts. In this context, it deals with some orthodox legal responses to the problem of conflicts of rights. It discusses the process of interpretation and the doctrines of balancing and deference, and criticizes them as tools for the resolution of genuine conflicts. In addition, it introduces a comparative analysis of France, the UK, and the USA which provides the framework for the analysis of conflicts in context.

Keywords: constitution; constitutional court; interpretation; deference; balancing; rule of Law; proportionality; France; UK; USA

Chapter.  14641 words. 

Subjects: Constitutional and Administrative Law

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