Academic

Zucca on Conflicts of Fundamental Rights

By Lawrence Solum

Lorenzo Zucca (King's College London School of Law) has posted Conflicts of Fundamental Rights as Constitutional Dilemmas (CONFLICTS BETWEEN FUNDAMENTAL RIGHTS, Eva Brems, ed., Antwerp/Oxford/Portland, 2008) on SSRN. Here is the abstract:

This paper deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this paper is that fundamental rights may clash in such a way that no rational solution can be advanced. I call these conflicts 'constitutional dilemmas.' However, we should not despair: when we define precisely what amounts to a genuine conflict of fundamental rights, most of the cases will appear to be spurious conflicts, which can be rationally dealt with.

Full post as published by Legal Theory Blog on July 07, 2008 (boomark / email).