Rights and Freedoms in the Spanish Constitution

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ISBN: 9788491191162
EAN: 9788491191162
Editorial: Tirant lo Blanch
Fecha de la edición: 18/11/2015
Nº Pág.: 192

Materias:

Derecho / Político y Constitucional / DERECHOS Y LIBERTADES

This book oflers an introduction to the rights and Ireedoms in the Spanish Constitution. The overview and discussion is based on the civil, political, economic and social rights recognized within the Spanish Fundamental Charter, as well as the mechanisms established lor their protection. The diflerent chapters discuss current debates and inelude rellections on the challenges that nowadays lundamental rights and lreedoms lace. We live in a global warld, subject to continuous changes which trigger new questions on the rights and Ireedoms that we all hove. While the principies continue to be those adopted in 1978, when the Spanish Constitution was enacted, emerging gaps hove to be lilled. To do so, one must be on the one hand, aware of the value of the supranationol law on human rights and, on the other, of tne interpretotion given to rights and Ireedoms by tne Constitutional Court, the Europeon Court of Human Rights and the Court of Justice of the European Union. Therefore, the analysis of the Spanish rights and freedoms in this book is defined with such scope and with in these institutional boundaries. This book offers to legal scholars and students not lamiliar with the Spanish legal context an accessible understanding of the key historical, political, jurisprudential and legal leatures of the Spanish Bill of Rights. It also brings o useful tool kit lor those students who conduct their Spanish low studies in English or those who want to enrich their legal expertise with o comparative analytical angle.

1. GENERAL ASPECTS ON FUNDAMENTAL RIGHTS

1. FUNDAMENTAL RIGHTS CONCEPT AND INTERNATIONAL PROTECTION

2. FUNDAMENTAL RIGHTS POSITION WITHIN TITLE I OF THE SPANISH CONSTITUTION ON «RIGHTS AND DUTIES»

3. FUNDAMENTAL RIGHTS AND FREEDOMS INTERPRETATION

4. FUNDAMENTAL RIGHTS AND FREEDOMS OWNERSHIP

2. GENERIC GUARANTEES FOR FUNDAMENTAL RIGHTS

1. THE NEED FOR GUARANTEES OF FUNDAMENTAL RIGHTS

2. DIRECT APPLICABILITY (ART. 53.1 SC)

3. THE PRINCIPLE OF LEGALITY (THE PRINCIPLE OF STATUTE RESERVATION)

4. THE ESSENTIAL CONTENT OF RIGHTS

5. OTHER INSTITUTIONAL GUARANTEES

6. THE SPANISH OMBUDSMAN (el defensor del pueblo)

3. FUNDAMENTAL RIGHTS JURISDICTIONAL GUARANTEES

1. INTRODUCTION AND FUNDAMENTAL RIGHTS OVERALL JURISDICTIONAL PROTECTION

2. THE PREFERENTIAL AND SUMMARY PROCESS IN FRONT OF THE ORDINARY COURTS AND TRIBUNALS

3. THE INDIVIDUAL APPEAL (RECURSO DE AMPARO) IN FRONT OF THE CONSTITUTIONAL COURT

4. INTERNATIONAL PROTECTION

4. THE EMERGENCY CONSTITUTION. CAN FUNDAMENTAL RIGHTS BE PUT ON HOLD?

1. INTRODUCTION: THE EMERGENCY CONSTITUTION

2. FUNDAMENTAL RIGHTS GENERAL SUSPENSION: STATES OF ALARM, EMERGENCY AND SIEGE (MARTIAL LAW)

3. INDIVIDUAL SUSPENSION

5. THE EQUALITY CLAUSE

1. ORIGIN OF THE EQUALITY CLAUSE

2. EQUALITY WITHIN THE SPANISH CONSTITUTION

3. DISCRIMINATION AND DIFFERENTIATION

4. «SUSPICIOUS» GROUNDS OF DISCRIMINATION IN ART.14 SC

5. OTHER CONCEPTS OF EQUALITY AND NON-DISCRIMINATION

6. GENDER MAINSTREAMING

6. THE RIGHT TO DUE PROCESS OF LAW 1. CONSTITUTIONAL PROVISION ON DUE PROCESS

2. THE RIGHT TO THE ORDINARY JUDGE PRE-ESTABLISHED BY LAW

3. ACCESS TO THE JUSTICE SYSTEM

4. RIGHTS DURING THE COURSE OF THE PROCESS. NO LACK OF DEFENCE

5. RIGHTS AT THE END OF THE PROCESS

6. CONSTITUTIONAL GUARANTEES OF THE CRIMINAL PROCEEDINGS

7. RIGHTS OF THE PERSONAL SPHERE

1. RIGHT TO LIFE

2. RIGHT TO PHYSICAL AND MORAL INTEGRITY

3. FREEDOM OF THOUGHT AND RELIGIOUS FREEDOM

4. RIGHT TO HONOUR, TO PRIVACY AND TO ONE'S OWN IMAGE

5. INVIOLABILITY OF HOME

6. SECRECY OF COMMUNICATIONS

7. PROTECTION AGAINST THE USE OF COMPUTERS AND DATABASES

8. FREEDOM OF MOVEMENT, OF PLACE OF RESIDENCE AND TO ENTER AND LEAVE SPAIN

9. RIGHT TO MARRY

8. THE RIGHT TO LIBERTY AND SECURITY

1. LIBERTY AGAINST SLAVERY

2. ON LIBERTY AND SECURITY

3. GENERAL GUARANTEES OF PERSONAL FREEDOM

4. THE ARREST AND ITS GUARANTEES

5. THE PRETRIAL DETENTION

6. THE LOSS OF LIBERTY AFTER CONVICTION

9. FREEDOM OF SPEECH AND THE RIGHT TO FREELY COMMUNICATE OR RECEIVE ACCURATE INFORMATION

1. FREEDOM OF SPEECH

2. THE RIGHT TO FREELY COMMUNICATE OR RECEIVE ACCURATE INFORMATION BY ANY MEANS OF DISSEMINATION WHATSOEVER

3. THE RIGHT TO CREATE MEDIA AND THE SOCIAL COMMUNICATIONS MASS MEDIA

4. OTHER SPECIFIC RIGHTS LINKED TO FREEDOM OF EXPRESSION

5. LIMITS TO FREEDOM OF SPEECH. UNPROTECTED AND LESS PROTECTED EXPRESSIONS

10. POLITICAL RIGHTS AND PARTICIPATION

1. DEMOCRACY AND THE ELECTORAL CYCLE APPROACH

2. THE RIGHT TO PUBLIC ASSEMBLY

3. FREEDOM OF ASSOCIATION AND POLITICAL PARTIES

4. THE RIGHT TO VOTE

11. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

1. SPAIN AS A SOCIAL AND DEMOCRATIC STATE

2. THE MOST FUNDAMENTAL SOCIAL RIGHTS

3. THE ORDINARILY PROTECTED SOCIAL RIGHTS

4. OTHER SOCIAL RIGHTS

5. THE ECONOMIC RIGHTS