Rights constitutionalism limits the power of authorities by requiring them to respect the fundamental rights and to operate according to prescribed procedures within the limits of recognized competences. It is assumed to be necessary in order to protect the fundamental rights as much as possible. In order to achieve the same goal, rights constitutionalism requires citizens to observe the prescriptions of authorities and to delegate them the safeguard of their rights. In this way the chances of justifying a state of exception or a right of resistance are reduced but not completely eradicated. In order to restore a condition in which the fundamental rights are overall guaranteed, it may in fact be claimed in favour of the authorities the exceptional right to violate the limits to their own powers, or against a legally established authority the exceptional right to overthrow it.
|Numero di pagine||27|
|Rivista||DIRITTO & QUESTIONI PUBBLICHE|
|Volume||Interpretazione e applicazione del diritto|
|Stato di pubblicazione||Published - 2010|