The Absolute and the Relative Dimensions of Constitutional Rights

0477470 - ÚSP 2018 GB eng J - Journal Article
Alexy, Robert
The Absolute and the Relative Dimensions of Constitutional Rights.
Oxford Journal of Legal Studies. Roč. 37, č. 1 (2017), s. 31-47. ISSN 0143-6503. E-ISSN 1464-3820
Keywords : constitutional rights * judicial review * proportionality
OECD category: Law
Impact factor: 1.231, year: 2017
https://academic.oup.com/ojls/article/37/1/31/2669583/The-Absolute-and-the-Relative-Dimensions-of

The principle of proportionality is necessary if it can claim validity in all
legal systems. What can claim validity in all legal systems has absolute validity. On the
other hand, what can only claim to have validity in some legal systems has merely
relative validity. This distinction is applicable not only to the principle of proportionality
as a norm about the application of constitutional rights, but also to the
constitutional rights themselves, and to the institutionalization of the protection of
constitutional rights by means of constitutional review. This leads to three questions,
which are systematically closely connected: (1) Do constitutional rights have an
absolute character? (2) Does the principle of proportionality have an absolute
character? (3) Does constitutional review have an absolute character? Only the first
two questions shall be discussed here.
Permanent Link: http://hdl.handle.net/11104/0273818