Exceptions to rights

Abstract

The paper presents two meanings of exceptions to rights and why it is convenient to distinguish them. The theoretical difficulties of defining the concept of exception and derogation of rights based on the idea of abnormality are shown. Instead, by showing the difficulties of this approach and its justification on the implicit exceptions and defeasibility debate, it offers a way to overcome these difficulties abandoning the logical approach. In lieu, a functional approach is presented: one that seeks to co-define exceptions and suspensions or cancellations through their relationships with other norms called alterative norms, whose purpose would be to achieve a certain degree of normative flexibility.