RIGHTS AND PRINCIPLES – IS THERE A NEED TO DISTINGUISH THEM IN THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION?
RIGHTS AND PRINCIPLES – IS THERE A NEED TO DISTINGUISH THEM IN THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION?
Author(s): Jana Michaličková, Veronika LaciakováSubject(s): Law, Constitution, Jurisprudence
Published by: Addleton Academic Publishers
Keywords: human rights; principles; judicial acceptance
Summary/Abstract: The paper deals with the highly debated issue of the distinction between rights and principles in the Charter of Fundamental Rights of the European Union. Authors express the view that there is no need to make such a difference. Their opinion is based on the theory of constitutional rights as principles created by Robert Alexy and supported by the argumentation with case law, theoretical and teleological approach.
Journal: Contemporary Readings in Law and Social Justice
- Issue Year: V/2013
- Issue No: 2
- Page Range: 235-243
- Page Count: 9
- Language: English
- Content File-PDF