The delimitation and characteristics of the sacrificial restrictions of fundamental rights

Authors

  • Ignacio Rodríguez Fernández Fiscal de carrera

DOI:

https://doi.org/10.18042/cepc/redc.126.04

Abstract

The idea of sacrifice, as legitimate interference in the sphere of another individual for the purpose of obtaining a greater good at his expense, is an old acquaintance of civil law, administrative law and criminal law. In the field of Constitutional Law, however, this notion has not had a precise technical development, despite the fact that there are many cases of sacrificial interference in fundamental rights. This article aims to correctly situate the sacrifice of rights within the framework of the theory of restrictions on fundamental rights. This task can contribute, in my opinion, to outline, from a pragmatic point of view, the meaning of some of the essential categories of the dogmatics of fundamental rights.

Published

2022-12-12