Publication: Ten guidelines for the correct interpretation of rights
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2013-12-01
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Universidad de Jaén. Servicio de Publicaciones
Abstract
In this brief work I will propose ten guidelines or criteria to assist in interpreting human and fundamental rights norms in a way that is correct (as much as is reasonable) and that is in line with the perspective of the constitutional court. To do so, I will work from a series of premises to help locate these guidelines within the context of a theory of interpretation.
As might be expected, this theory is itself based on a theory of law. In what follows, I will provide an account of some of the characteristic dimensions of the interpretation of rights norms. Finally I will present the ten guidelines that in fact constitute what I have elsewhere termed as main criteria of interpretation.
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Keywords
Human rights, Fundamental rights, Criteria of interpretation, Theory of law
Bibliographic citation
The Age of human rights : journal, n.1, 2013, pp. 25-33