Conflicts Among Fundamental Rights. A Critical Reading of Luigi Ferrajoli's Discourse
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Abstract
The Author discusses Luigi Ferrajoli's theory of fundamental rights, particularly the question of their conflicts. Assuming the presence of these conflicts (at least, seem¬ing or potential) within the contemporary constitutional frame, the essay takes into the account the strategy that Ferrajoli proposes in order to suggest that conflicts among fundamental rights - if present - are marginal or confined. In the last part of the essay, a critique to this strategy is developed.
Keywords
- Luigi Ferrajoli
- fundamental rights
- conflicts
- constitutional frame
