Sieckmann JR (2021)
Publication Type: Book chapter / Article in edited volumes
Publication year: 2021
Publisher: Springer Science and Business Media B.V.
Series: Law and Philosophy Library
Book Volume: 136
Pages Range: 113-134
DOI: 10.1007/978-3-030-77321-2_5
A well-known objection to the method of balancing rights is that individual rights are absolute or almost absolute and hence must not be balanced with competing rights, principles, or policies, or at least must receive priority in such a balancing. I will argue that, as an attempt to exclude the balancing of rights, this objection is mistaken even regarding human rights, because the justification of substantive human rights is intrinsically linked to the method of balancing. In addition, also the recognition of morally justified human rights in constitutional law depends on balancing. On the other hand, some human rights have a priori character, exempt from balancing. Moreover, some human rights include prohibitions to be balanced against competing requirements. These prohibitions hold, however, only in principle and may again be the object of balancing.
APA:
Sieckmann, J.R. (2021). To Balance or Not to Balance: The Quest for the Essence of Rights. In (pp. 113-134). Springer Science and Business Media B.V..
MLA:
Sieckmann, Jan R.. "To Balance or Not to Balance: The Quest for the Essence of Rights." Springer Science and Business Media B.V., 2021. 113-134.
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