Balancing Rights: The Right to Property and State Authority

Judiciaryguidance10 Jun, 2024Education

This article places constraints on the state, stating that it cannot seize anyone's property without the force of law and that it may be deprived of the force of law. The duty of balancing rights falls to both the courts and the legislator. When setting norms, the legislative power determines which right should prevail in the specific cases where the norm is applicable;