Abstract
The harmonizing theory affirms the non-existence of conflicts between fundamental rights because these are born adjusted by the natural coexistence and the circumstances that surround their exercise. Human dignity, as a title of fundamental rights, serves as the foundation for neo-constitutionalism. However, this has been affected by modern thought that, based on individualism, the forgetfulness of practical reason and legal positivism, allows the birth of the conflictivist theory that sustains the existence of collisions between fundamental rights. This is solved through an abstract hierarchy or concrete weighting between rights, operations that allow one of the conflicting rights to be restricted. This article develops a critique of conflict, detecting some of its inconsistencies, from a harmonizing perspective.
| Translated title of the contribution | Critique of the hierarchization and weighting of fundamental rights from a harmonizing perspective |
|---|---|
| Original language | Spanish |
| Pages (from-to) | 187-213 |
| Number of pages | 27 |
| Journal | Revista de Derecho Politico |
| Issue number | 119 |
| DOIs | |
| State | Published - 10 Apr 2024 |