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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Right to Freedom

Fernando Simón Yarza

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 May 2024

Bill of rights — Civil and political rights — Individual rights — Limitations on rights — Fundamental rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1. Understood as a political principle, the right to freedom constitutes one of the pillars of the constitutional state, not to say its cornerstone. Certainly all the institutions of constitutionalism are conceived as political devices to limit power and preserve the freedom of the individual, that is, the development of all his/her vital capacities against arbitrary interferences coming from the public authorities. In a purely legal sense, however, the explicit recognition of a general right to freedom does not constitute a general trend of comparative...
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