From Constitutional Discretion to the Positivist Weight Formula

Duarte, David

doi:10.1007/978-3-030-77321-2_2

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2024

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Cited by 3 publications

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Balancing Techniques in Fundamental Social Rights’ Adjudication: A Focus on the Italian and Spanish Post-2008 Crisis’ Constitutional Case-Law

Frosecchi

2023

The Lighthouse Function of Social Law

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Balancing Techniques in Fundamental Social Rights’ Adjudication: A Focus on the Italian and Spanish Post-2008 Crisis’ Constitutional Case-Law

Frosecchi

2023

The Lighthouse Function of Social Law

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Uninormative conflicts in the general theory of normative conflicts

Azevedo

2024

revus

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This paper focuses on uninormative conflicts – i.e., conflicts that stem from one (and only one) legal norm. This phenomenon cannot be traced back to the widespread notion of normative conflict, since normative conflicts require an overlap between two or more norms (and therefore refer only to so-called plurinormative conflicts). This paper has two main aims. On the one hand, to ascertain whether and how uninormative conflicts can be framed within a (necessarily broader) concept of normative conflict. On the other hand, to demonstrate that the mechanisms developed by legal theory against the background of plurinormativity can be applied, mutatis mutandis, to the field of uninormativity.

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The Portuguese Charter of Human Rights in the Digital Age

Farinho¹

2021

RET

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The paper carries out a legal appraisal of the recently approved Portuguese Charter of Human Rights in the Digital Age. It analyses its structure both as a human rights instrument and as Portuguese fundamental rights instrument focusing on new norms introduced in the system and redundant ones. In this latter case interpretation problems are highlighted, in particular when considering the Portuguese open clause of Article 16 of the Constitution that allows for fundamental rights approved by ordinary laws. Finally, a specific new right is given special attention - the right to protection against disinformation – especially concerning its relation with the freedom of expression. The paper aims to show that the scope of the new provision would allow an unconstitutional restriction on the freedom of expression and that a valid norm must be determined by adequate balancing.

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From Constitutional Discretion to the Positivist Weight Formula

Cited by 3 publications

References 25 publications

Balancing Techniques in Fundamental Social Rights’ Adjudication: A Focus on the Italian and Spanish Post-2008 Crisis’ Constitutional Case-Law

Balancing Techniques in Fundamental Social Rights’ Adjudication: A Focus on the Italian and Spanish Post-2008 Crisis’ Constitutional Case-Law

Uninormative conflicts in the general theory of normative conflicts

The Portuguese Charter of Human Rights in the Digital Age

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