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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Right to Resistance

Emilio Peluso Neder Meyer

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 08 August 2022

Subject(s):
Comparative constitutional law — Bill of rights — Right to resistance — Collective rights — Individual rights — Fundamental rights — Natural rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 This entry sets out, at the outset, a definition of the right to resistance. It consists of a secondary right—in the sense that they presuppose a violation of primary rights—to oppose, in the name of the protection of human rights, an arbitrary power or arbitrary administrative and legal acts, with the aim to restoring the rule of law. This right can be exercised individually or collectively. Its exercise can be violent or non-violent, this feature being what defines its derivative concepts (civil disobedience, objection of conscience, rebellion, or revolution),...
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