Abstract

MOCOROA, Juan M.. THE RATIONALITY OF THE WEIGHTING IN THE CONSTITUTIONAL ARGUMENT. Prolegómenos [online]. 2017, vol.20, n.39, pp.73-85. ISSN 0121-182X.  https://doi.org/10.18359/prole.2724.

This article defends a way to bypass the objection that the weighting is irrational. To do this, it is argued that it should be understood as a simple "formal structure" for the analysis of judicial decisions rendered in cases of disputes over rights. However, it does not imply that in this field there do not exist possibilities to the discretion and the subjective judgements.

Keywords : Weighting; conflict of rights; argumentative rationality; judicial discretion.

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