The Abuse of right, Power and the Rule of Law

Before those phenomena which, in the name of rights, conceal violations of other's interests, the Italian author proposes the substitution of the Dworkin style strategy, which underlines inviolability and moral irrevocability of substantive rights, by a mechanism which protects them more effectively, that is, to make use of the following categories: abuse of a right, of power and of the rule of law, in order to unveil excesses and to fulfil the lawful aims for which the rights in question were conceived. After having examined the contemporary theoretical trends which focus on the distinction between rules and principles in law (ALEXY, ATIENZA and RUIZ MANERO, DWORKIN, RAZ), PALOMBELLA supports the veracity of his assertions with two U.S Supreme Court cases.