The article addresses the understanding of ‘fundamental’ rights and their relations to public goals. Do fundamental rights need to stand in stark contrast against the public goals normativized within a legal order? The question is relevant in different ways in the State and in the inter- and supra- national setting. By referring to a notion of ‘fundamental’ rights, the first part deals with the institutional (dis-) embeddedness of rights in the domestic legal orders, an issue which features in winding interpretive paths vis à vis public goals. A second part asks how the relation between rights and goods can fare beyond the State domain, taking into account the main legal transformations of the international contemporary legal fabric and some of its ‘community’- related commitments.
On Fundamental Rights and Common Goals: At Home and Abroad
Gianluigi Palombella
2022-01-01
Abstract
The article addresses the understanding of ‘fundamental’ rights and their relations to public goals. Do fundamental rights need to stand in stark contrast against the public goals normativized within a legal order? The question is relevant in different ways in the State and in the inter- and supra- national setting. By referring to a notion of ‘fundamental’ rights, the first part deals with the institutional (dis-) embeddedness of rights in the domestic legal orders, an issue which features in winding interpretive paths vis à vis public goals. A second part asks how the relation between rights and goods can fare beyond the State domain, taking into account the main legal transformations of the international contemporary legal fabric and some of its ‘community’- related commitments.File | Dimensione | Formato | |
---|---|---|---|
palombella-16.pdf
accesso aperto
Tipologia:
Documento in Post-print/Accepted manuscript
Licenza:
Creative commons (selezionare)
Dimensione
429.38 kB
Formato
Adobe PDF
|
429.38 kB | Adobe PDF | Visualizza/Apri |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.