Paper's abstract

Andras Jakab, Principles
The present paper shows how a sophisticated use of the traditional rule paradigm (esp. when describing balancing of fundamental rights) can make the concept of principles logically distinct from rules simply superfluous (as described by Dworkin or Alexy). According to the author, the designation as "principle" underscores importance, but it does not say anything about logical structure. In the light of this result, the paper is closed by a systematization of the different functions of principles.

Key Words : fundamental rights, Dworkin, Alexy
t. 52, 2009 : p. 387-404

---