BALANCING PRINCIPLES IN JUDICIAL ADJUDICATION: THE GAPS OF RATIONALITY IN THE CONVICTION OF ILLEGAL IMMIGRANTS

Weighing principles and considering rules in the context of judicial adjudication to create a general theory of State and Law is a challenge of hermeneutics that the Author makes. To meet this challenge the Author uses a decision of an administrative court in Portugal – the Tribunal Administrativo Central Norte. The factpattern of that decision involved a foreign citizen living illegally in the country. While illegally residing in the country, that citizen was a victim of a crime of bodily harm. She complained to the police. The police asked her for her passport to proceed with the claim.

Lécia Vicente

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