Year: 2026
Type: article
Abstract: This article analyzes the Constitutional Court’s ruling in the case Manuel Vicent, where a conflict arose between freedom of expression and the right to honor. The dispute emerged following the publication of the novel Jardín de Villa Valeria, which mentioned a real person. Using this case as a starting point, the article explores the role of balancing in resolving conflicts between fundamental rights and distinguishes it from subsumption, which applies to legal rules. It also examines the influence of Robert Alexy in theorizing balancing, highlighting the rationality of the method through, among other aspects, the internal and external theories of fundamental rights. In this regard, it emphasizes that fundamental rights do not have predefined limits but must be assessed in each specific case. Finally, it questions whether the balancing carried out by the Constitutional Court in this case was properly executed and argues why balancing is the most suitable tool for ensuring fair and proportional solutions in the protection of fundamental rights.
Author: Bajatierra Ruiz, Marín
Language: Spanish
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7164460319