Research on the prevalence of interests and values of higher social groups over interests and values of lower social groups even in judicial decisions between two individuals only, author and defendant. Individual rights, by which modern State has been structured, tends to prevail. This prevalence is as well determinant in Robert Alexy’s theory of fundamental rights, by which is given same importance either to individual our social rights and, due to proportional balancing, there is chance social rights to win. It is possible to assert that each collision of rights will be decided differently, but proportionality does not attribute rationality to the criterion needed to give ratio decidendum to the decision. The proportional decision is more related to the chosen criterion than to the rights in conflict.
General Theory of Law; Theory of Fundamental Rights; Balancing of rights; Proportionality; Robert Alexy