L'OBIEZIONE DI COSCIENZA COME DIRITTO.

This article addresses the right to conscientious objection as a general constitutional right. Such a right is not different from the right to freedom of conscience, which corresponds to its foundation and justification. In the case of the right to conscientious objection, the reference to its constitutionality represents its source of legitimacy, but also limits its exercise. These restrictions depend on the respect for other constitutional values and on the reasonability of the discrepancy between personal values and duties imposed by law. The right to conscientious objection does not necessarily have to be recognized by a legislator; it may well be acknowledged by judges. The latter seems the most appropriate context because the right to conscientious objection is to defend privacy against public power, even when respecting constitutional values. [ABSTRACT FROM AUTHOR]