Abstract

GAMARRA ANTES, Diego. On the rights in the uruguayan constitution. A proposal for a conceptual revision. Rev. Fac. Der. [online]. 2022, n.53, e208.  Epub June 01, 2022. ISSN 0797-8316.  https://doi.org/10.22187/rfd2022n53a10.

An interpretation of section 7 of the Uruguayan Constitution is hereby presented, challenging the one accepted on the prevailing literature. A conceptual revision of rights is proposed based on the assumption of a double dimension of the provisions that formulate them with abstraction -including the aforementioned section 7-, containing mandates of respect and protection of minimum intangible dignity -the rights properly so called- and, at the same time, to maximize the set of goods in question beyond the aforementioned threshold. In this framework, the distinction between pre-existing and enshrined rights is dismissed, an interpretation of the expression “reasons of general interest” is performed, and different levels of jurisdictional deference are suggested when reviewing the constitutionality of statutes.

Keywords : rights as minimum dignity; constitutional rights; pre-existing and established rights; general interest; deference to the legislator.

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