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date: 25 August 2019

Abstract and Keywords

The debate over rights and liberties — not unlike the debate over justice — is a never-ending discussion, reflecting normative, analytical, and institutional considerations. Questions respecting the rights and liberties that an individual can lay claim to are fundamental normative questions in every society. They represent major themes not only in the law, especially constitutional law, but also in practical philosophy, and they count as central points of political dispute. This article is organized as follows. Section I presents a brief analysis of the general structure of rights and liberties. The themes of Section II are the concepts of human and constitutional rights. Finally, Section III discusses the construction of constitutional rights, especially the connection between constitutional rights and proportionality.

Keywords: rights, liberties, human rights, constitutional rights, proportionality

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