Two conceptions of the application of fundamental rights statues

Abstract

THIS IS AN ARTICLE ON ROBERT ALEXY’S CONCEPT OF BALANCING. IT TAKES AS AN EXAMPLE A CASE ON THE RIGHT TO REFUSE MEDICAL TREATMENT FOR RELIGIOUS REASONS AND DISCUSSES THE CHARACTERISTICS OF TWO MODELS OF PRACTICAL REASONING, THE GENERALIST ONE AND THE PARTICULARISTIC ONE. IT ARGUES THAT ALEXY’S CONCEPT CAN MAKE THEM COMPATIBLE AND OFFERS THE READER A MODEL TO SOLVE CONFLICTS OF NORMS ON FUNDAMENTAL RIGHTS.