Fundamental Rights and Limited Possibilities: The Proviso of the Possible in European Fundamental Rights Doctrine
Fundamental rights to positive state action are costly. An allocation in favor of one individual rightsholder always results in lower allocations in favor of others. The dominant approach in fundamental rights doctrine assumes these conflicts can be resolved judicially by balancing competing rights...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2024-03-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832223001141/type/journal_article |