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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Detalles Bibliográficos
Autor Principal: Maldonado Muñoz, Mauricio
Formato: Artículo (Article)
Lenguaje:Español (Spanish)
Publicado: Departamento de Derecho Constitucional 2020
Acceso en línea:https://revistas.uexternado.edu.co/index.php/derest/article/view/6761
Descripción
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.