Manuel José Cepeda Espinosa

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI:

Series: Oxford Handbooks in Law


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Privacy in comparative constitutional law is associated in some countries with specific legal ideas, such as inviolability of domicile and the secrecy of correspondence, whereas in others it is related to broad concepts such as freedom, dignity, and autonomy. Some jurisdictions provide an all-encompassing idea of ‘privacy’, whereas others provide different sets of compartmentalized rights. However, most jurisdictions share several key trends. The basic one is accelerated expansion, not only in terms of protected interests but most significantly in terms of the transformation of the very core of the right, which goes beyond the idea of privacy as seclusion and as a shield from intrusion and unwanted gaze. It protects a decisional aspect of the individual, seeking to safeguard a realm of autonomous development of the person situated in social life and in relation to others. Thus, privacy is rarely defined in fixed terms; rather, it is seen as a fluid concept constantly extending its frontiers to face new demands and the challenges of changing contexts. his article addresses key issues concerning the basic elements of privacy, its protection, and its limits.

Keywords: right to privacy; constitutional rights; constitutional law; security of correspondence; inviolability of domicile

Article.  8522 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law

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