The principle of reciprocity

foundations for the exercise of fundamental freedoms

Abstract

The principle of reciprocity is a logical principle that operates on the possibility of exercising fundamental freedoms, that is, on the conditions that make this exercise possible. We rely on examples of these freedoms, such as freedom of expression and freedom of belief, which illustrate a controversial thesis, namely: not every belief can have a place in the public forum; thesis that can be drawn briefly with the work of Rawls. While theorizing, we are forced to offer an explanation different from the principlist model, insofar as we must place ourselves in a stage prior to the weighing trial and the observance of the principle of proportionality in the application of fundamental rights. Hence, we rethink the Ferrajoli’s guarantist model with what we have called the necessary conditions for the exercise of fundamental freedoms.