Principio de proporcionalidad y test de ponderación como técnica para dar solución a derechos fundamentales en conflicto en derecho administrativo en el tiempo posmoderno

Abstract

In these postmodern times it is increasingly common that cases arise in which the Judges and Magistrates of the Administrative Contentious Jurisdiction, have to resolve cases in which fundamental rights or principles collide that being within the same hierarchy, chronology and without exceptions collide, so it is up to these judicial operators to determine in a reasoned manner which will apply to a greater extent, and which principle must yield to the application of the other through the principle of proportionality using the weighting test as it is not possible to solve these cases applying only criteria such as the normative hierarchy, specialty and chronology so we will study in this paper how the principle of proportionality is applied through weighting test in administrative law as a tool to resolve conflicts of fundamental rights or principles.