Balancing is one of the main issues in current debates on the interpretation of constitutional rights. Numerous authors have raised the objection that balancing is both irrational and subjective. Here it is argued that this objection is unjustified.…
Constitutional Law
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The purpose of this paper is to analyze the degree of positive intervention by the author- ities on behalf of a specific belief in a way that is compatible with the exercise of freedom of religion.This also implies an essential equali- ty in…
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In the Information Age, you would think, there would be no more important part of the Constitution than the First Amendment. After all, free speech guarantees should have a great deal to do with a knowledge economy, and a world in which wealth and…
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Review Review of the hardback: 'This superb volume will be widely read and cited - by comparative lawyers, international lawyers, scholars of socio-legal studies, and political scientists.' Michael Byers, Canada Research Chair in Global Politics and…
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The article begins with an outline of the balancing construction as developed by the German Federal Constitutional court since the Luth decision in 1958. It then takes up two objections to this approach raised by Jurgen Habermas. The first maintains…
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Student (Bachelor)Medellín, Colombia -
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Student (Postgraduate)Curitiba, Brazil -
Associate ProfessorCharles University, Faculty of Law -
Researcher (at an Academic Institution)Medellín, Colombia