Resumen

MARTINEZ DALMAU, Rubén. Current problems with the Constitutional interpretation of rights. Rev. IUS [online]. 2016, vol.10, n.37, pp.129-151. ISSN 1870-2147.

The aim of this paper is to establish four essential questions on the interpretation of the constitutional rights that should continue to be an object of study relative to the doctrine as the progress to date, although relevant, has not been conclusive. In the first place, what involves the interpretation of rights and what is the problem that surrounds it. Secondly, what mechanisms of conflict resolution of rights could be the most suitable in the frame of a democratic constitution constitution. Thirdly, what is the difference between the role of the usual justice system and constitutional justice. Finally, what is the difference between constitutional supremacy and the preferred application of rights provided in international law or in integration law, as well as in certain Constitutions.

Palabras llave : Constitutional Interpretation; rights; democratic constitutionalism; constitutional justice; weighting.

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