Quote Quoting Jujuna
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Thanks for your answer. But the problem is that I am reading Alexy's "Rights and Liberties" and there is said such thing " the question arises of whether a right recorded in a constitution is really a constitutional right and not, for instance , a competence of an instrument of state, or when the problem is posed of whether a right established outside a catalogue of constitutional rights is a constitutional right or not, or when a dispute comes up of whether a right now explicitly endowed with special protection requires such protection." This statement is the reason why I asked the question.
You're taking that out of context. There's a lot more to Robert Alexy's theories than just that.

You might want to read:

http://scholarship.law.umn.edu/cgi/v...culty_articles