Excepciones a derechos

This article presents two senses of exceptions to rights and the reasons why it is important to distinguish between them. It demonstrates the theoretical difficulties in defining the concept of exception and the cancellation or suspension of rights, since these concepts appear to rest on the idea of ​​abnormality. The article highlights the shortcomings of this approach and its justification within the debate surrounding implied exceptions and defeasibility. It offers a way to overcome these difficulties by abandoning the logical approach. Instead, it presents a functional approach that seeks to co-define exceptions and suspensions or cancellations through their relationships with other norms called alternative norms, the aim of which would be to achieve a degree of normative flexibility.