Ten guidelines for the correct interpretation of rights Articles uri icon

publication date

  • December 2013

start page

  • 25

end page

  • 33

issue

  • 1

International Standard Serial Number (ISSN)

  • 2340-9592

abstract

  • In this brief work I will propose ten guidelines or criteria to assist in interpreting human and fundamental rights norms in a way that is correct (as much as is reasonable) and that is in line with the perspective of the constitutional court. To do so, I will work from a series of premises to help locate these guidelines within the context of a theory of interpretation. As might be expected, this theory is itself based on a theory of law. In what follows, I will provide an account of some of the characteristic dimensions of the interpretation of rights norms. Finally I will present the ten guidelines that in fact constitute what I have elsewhere termed as main criteria of interpretation. http://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/1269/1053

keywords

  • human rights; fundamental rights; criteria of interpretation; theory of law