THE PRINCIPLE OF REASONABLENESS AND ITS APLICATION TO THE EXAM OF THE VALIDITY OF LAWS
Journal Title: Ius Humani. Revista de Derecho - Year 2012, Vol 3, Issue 1
Abstract
This article approaches the principle of reasonableness from two perspectives. The first perspective attempts to explain the law —as a human order— in its valid content. The second perspective, which is a consequence of the first one, uses the principle as an interpretive method to determine the validity and constitutionality of legal rules, applying the sub-principles of adequacy, necessity and proportionality stricto sensu. Additionally, we have added an analysis of finality and of respect to the essential content of rights. In this sense, the principle of reasonableness is used as an interpretive method, that alludes to the anti-conflictivism theory of fundamental rights, which supports that conflicts of rights do not exist, and that, in fact, such a collision takes place only between interests or pretensions.
Authors and Affiliations
Mauricio Maldonado Muñoz
Keywords
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- EP ID EP36060
- DOI https://doi.org/10.31207/ih.v3i0.40
- Views 409
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