In modern positive systems it is not uncommon for what the doctrine has called "conflict of fundamental rights" to occur, that is, that in a specific case both parties can assert in their favor a certain fundamental right, whose acceptance by the court would necessarily bring about the postponement of that of the counterpart. In most cases, the problem will be that an action protected by a fundamental right damages another person's property which is also protected by a fundamental right, or harms the exercise of an action by another person, an exercise that is in turn protected by a fundamental right.
Keywords:
Ponderation, Conflict of fundamental rights, Fundamental rights
Urbina, F. J. (2016). A critique of the weighting perspective. Revista De Derecho Público, (69), Págs. 415–426. https://doi.org/10.5354/rdpu.v0i69.40025
