Limits and essential content of rights (A problematic conceptual framework)
The so-called theories of the limits of fundamental rights, in their two variants – theory of external limits and theory of internal limits – in their usual formulations, as well as the so-called theories of the essential content of fundamental rights – absolute theory, relative theory, and non-rest...
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Formato: | Artículo (Article) |
Lenguaje: | Español (Spanish) |
Publicado: |
Departamento de Derecho Constitucional
2020
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Acceso en línea: | https://revistas.uexternado.edu.co/index.php/derest/article/view/6761 |
Sumario: | The so-called theories of the limits of fundamental rights, in their two variants – theory of external limits and theory of internal limits – in their usual formulations, as well as the so-called theories of the essential content of fundamental rights – absolute theory, relative theory, and non-restriction theory – although they are widely shared and cited, they present several problems. From an analytical point of view, these theories do not offer a stable conceptual framework or one that serves to reconstruct effective practice in fundamental rights cases. |
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