Attilio Pisanò

The Lawyers’ Power and the Related Trial Nature of Rights

  • Abstract

Informations and abstract

Keywords: Lawyers’ Power, Judicial Power, Human Rights, Fundamental Rights, Justiciability of Rights.

The paper describes the growing role of lawyers in the field of human and fundamental rights, specifically in the European Multilevel System. Firstly, the paper proposes a conceptualization of the lawyers’ power as political power, also underlying the s.c. “social functionµ aimed at guaranteeing human rights and empowering the rule of law. Then a more general reflection on the related Trial nature of rights will be developed, specifically taking in consideration Francesco Viola’s approach to human rights as social practice. Consequently, the bottom-up trajectory of human and fundamental rights will be better defined, pointing out the strategic role of litigation and lawyers in the human rights enforcement mechanisms.

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