Mauro Barberis

On Equality, Reasonableness, and Rights.

  • Abstract

Informations and abstract

Keywords: Equality, Reasonableness, Constitutional Interpretation.

This inaugural lesson of a Lezioni magistrali's course (Modena 2012-2013) focuses on connections among equality, reasonableness and rights in Italian constitutional law: conceiving equality and reasonableness in terms of meta-rights, i.e. yardsticks for the allocation of rights. First section analyses three interpretations of art. 3.1 of the Italian Constitution, evolving from an anti-discrimination principle to an equality principle up to a reasonableness principle; the second one redefines "reasonableness", "rationality" and "justice" in Italian constitutional discourse; the third one applies these definitions to three delicate problems: religious symbols' exposition, same sex marriage and euthanasia.

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