Fundamental Rights: conceptual indeterminacy, legal embodiment and interpretation

  • Estela Camus García Universidad Loyola Andalucía (España)
DOI: https://doi.org/10.18543/ed-66(2)-2018pp105-115
Keywords: Fundamental Rights, interpretation, conceptual indeterminacy, Theory of democracy, Theory of Constitution

Abstract

This paper presents a reflection on the role of the Legislator and its competence for the decision. I propose a debate about the range of possible collisions between concepts from which to reconsider the relations between constitutional organs, the theory of the Constitution, the theory of the State and the theory of democracy. In these tensions can be glimpsed nuances differentiated between two stages: the moment of the Law’ creation and those of the Law’ application.

Received: 30 October 2018
Accepted: 21 November 2018
Published online: 27 December 2018

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Published
2018-12-27
How to Cite
Camus García, Estela. 2018. “Fundamental Rights: Conceptual Indeterminacy, Legal Embodiment and Interpretation”. Estudios De Deusto 66 (2), 105-15. https://doi.org/10.18543/ed-66(2)-2018pp105-115.
Issue
Vol. 66 No. 2 (2018)
Section
Cuestiones de teoría general de derechos fundamentales

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