¿En qué debe basarse un juzgador al analizar la infracción a la ley de un ciudadano que se justifica en una objeción de conciencia?
The conscientious objection should be a completely recognized right in any State that considers itself as free and democratic. Based on the chapter 7 of Ronald Dworkin�s book �Taking Rights Seriously�, this essay is about the judges obligation to take a decision when he has to rule a case in which a...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad del Istmo
2014
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5042740 |
| Source: | Revista Auctoritas Prudentium, ISSN 2305-9729, Nº. 11, 2014, pags. 34-38 |
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| Summary: |
The conscientious objection should be a completely
recognized right in any State that considers itself as
free and democratic. Based on the chapter 7 of Ronald
Dworkin�s book �Taking Rights Seriously�, this essay
is about the judges obligation to take a decision when
he has to rule a case in which a person disobeys the
law motivated by a moral right of his own, and in that
case what should be the determining factors that he
has to study in his search for justice. Dworkin explains
that any law or a decision taken by the Supreme Court
in a analog case is not sufficient nor determinant in
this cases, the question is then: what is determinant?
Positioning me in the Guatemalan system I pretend to
study the judge�s possibilities when the time to dictate
a sentence comes, having always as a reference the
natural rights of every person, which can´t be denied
by any law. |
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