El principio de proporcionalidad: ¿Una nueva garantía de los derechos constitucionales?
The principle of proportionality is used by the German Constitutional Court as a method for applying constitutional rights. Robert Alexy, with an impressive amount of books and papers on the subject, has contributed to grasping a better understanding on the principle and to make it famous all over t...
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| Format: | Article |
| Language: | Spanish |
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2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7181443 |
| Source: | Revista Electrónica del Instituto de Investigaciones Jurídicas y Sociales Ambrosio Lucas Gioja, ISSN 1851-3069, Nº. 13, 2014, pags. 51-74 |
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| Summary: |
The principle of proportionality is used by the German Constitutional Court as a method for applying constitutional rights. Robert Alexy, with an impressive amount of books and papers on the subject, has contributed to grasping a better understanding on the principle and to make it famous all over the world, as well. With time, more and more courts, including the Interamerican Court of Human Rights, have adopted the principle of proportionality. This circumstance is of the highest importance for Argentina since its Supreme Court has decided that the interpretive standards used by the Interamerican Court should be used as well by the Argentinean courts. Hence, local judges have an institutional reason for adopting the principle of proportionality. In this paper, we will assess if there are substantive reasons with enough weight to support that kind of decision. |
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