Abstract

MALDONADO MUNOZ, MAURICIO. Limits and essential content of rights (A problematic conceptual framework). Rev. Derecho Estado [online]. 2020, n.47, pp.79-112.  Epub Jan 28, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n47.03.

The so-called theories of the limits of fundamental rights, in their two variants - theory of external limits and theory of internal limits - in their usual formulations, as well as the so-called theories of the essential content of fundamental rights - absolute theory, relative theory, and non-restriction theory - although they are widely shared and cited, they present several pro blems. From an analytical point of view, these theories do not offer a stable conceptual framework or one that serves to reconstruct effective practice in fundamental rights cases.

Keywords : Fundamental rights; Limits of rights; Essential content of rights; Axiological hierarchies; Legal realism.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )