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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Individual Rights

Fernando Simón Yarza

Subject(s):
Bill of rights — Civil and political rights — Collective rights — Social rights — Individual rights — Limitations on rights — Fundamental rights — Universalism

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. The concept of ‘individual right’ is one of the most important categories of modern law. The term ‘right’ is a translation from the Latin ius , although both in Roman law and in the Middle Ages the term ius was identified with the res iusta, the ‘just’ or the ‘right thing’ (see, eg, Gaius, Institutiones, II, 14; and Aquinas, Summa Theologiae , II-II, q. 57, ad 1). In its modern sense (see Suarez, De Legibus, I, ii, 5), ‘right’ means power ( potestas ) or faculty ( facultas ), and it constitutes a moral attribute of the person (for a more detailed analysis, see...
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