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  1. #1
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    Default What is a Constitutional Right

    How can we define which right can be considered as a constitutional right?

  2. #2
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    Default Re: What is a Constitutional Right

    A right that has its basis in the constitution.

  3. #3
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    Default Re: What is a Constitutional Right

    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.

  4. #4
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    Default Re: What is a Constitutional Right

    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.

    In U.S. law, a constitutional right is one that is found in the text of federal constitution or a state constitution, either expressly stated or by implication. Court opinions define the extent of those rights, and the courts will state in those opinions that the rights come from the constitution. In a nation without a written constitution, or with a legal system that does not define well the extent of constitutional rights, you may run into more of the sorts of philosophical issues that you read about.

  5. #5
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    Default Re: What is a Constitutional Right

    Makes sense, thank you

  6. #6
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    Default Re: What is a Constitutional Right

    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

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