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Constitutional Rights and Proportionality

Revus 22:51-65 (2014)

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Quarantines: Between Precaution and Necessity. A Look at COVID-19.Vera Lúcia Raposo - 2021 - Public Health Ethics 14 (1):35-46.details The events surrounding COVID-19, combined with the mandatory quarantines widely imposed in Asia and Europe since the virus outbreak, have reignited discussion of the balance between individual rights and liberties and public health during epidemics and pandemics. This article analyses this issue from the perspectives of precaution and necessity. There is a difficult relationship between these two seemingly opposite principles, both of which are frequently invoked in this domain. Although the precautionary principle encourages the use of quarantines, including mandatory quarantines, (...) Download Export citation Bookmark 2 citations
Vaccination Policies: Between Best and Basic Interests of the Child, between Precaution and Proportionality.Roland Pierik - 2020 - Public Health Ethics 13 (2):201-214.details How should liberal-democratic governments deal with emerging vaccination hesitancy when that leads to the resurgence of diseases that for decades were under control? This article argues that vaccination policies should be justified in terms of a proper weighing of the rights of children to be protected against vaccine-preventable diseases and the rights of parents to raise their children in ways that they see fit. The argument starts from the concept of the ‘best interests of the child involved’. The concept is (...) Download Export citation Bookmark 3 citations
The rules of the rationality of practical discourse in the light of ethics of discourse: An analysis of Robert Alexy’s proposal.Guillermo Lariguet - 2019 - Ethics and Bioethics (in Central Europe) 9 (1-2):17-25.details The author discusses the rational argumentation of the values from a proposal defended by the legal philosopher Robert Alexy. The paper shows that discourse for Alexy is essentially a regulated activity. A model of certain rules ensure the rationality and correctness of practical discourse oriented towards resolving conflicts of value. Firstly, the types of rules responsible for the rationality of practical argumentation are described. Secondly, some open problems relating to the claim to correctness of reasoned practical discourse are posed, namely (...) Download Export citation Bookmark
Authentic Interpretation.Timothy Endicott - 2020 - Ratio Juris 33 (1):6-23.details I approach the identification of the principles of legal interpretation through a discussion of an important but largely forgotten strand in our legal heritage: the idea (and at some points in English law, the rule) that the interpretation of legislation is to be done by the law maker. The idea that authentic interpretation is interpretation by the law maker united the Roman Emperors Constantine and Justinian with Bracton, Aquinas, King James I of England, Hobbes, and Bentham. Already in the early (...) Download Export citation Bookmark
A Non-positivistic Concept of Constitutional Rights.Robert Alexy - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):35-46.details There are two fundamentally different conceptions of the nature of constitutional rights: a positivistic conception and a non-positivistic conception. According to both, constitutional rights are part of the positive law. The difference is that in the positivistic conception, constitutional rights are only or exclusively positive law, whereas in the non-positivistic conception positivity represents but one side of constitutional rights, that is to say, their real or factual side. Over and above this, constitutional rights, according to the non-positivistic conception, also have (...) Download Export citation Bookmark

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