The development of fundamental rights by the legislative power, the judiciary and the Constitutional Court
Abstract
As the first guarantee of fundamental rights and freedoms, Article 53.1 of the Spanish Constitution establishes that only an organic law can regulate them. In addition, this law must respect in all cases the essential content of these rights and freedoms. This means that it is the society that sets such content in advance, but its development must be carried out by the legislator. However, not many laws have adressed the regulation of a fundamental right, which has forced the ordinary courts and, above all, the Constitutional Court to set the scope, limits and the essential content of those rights. This has caused problems both in the relationship between the ordinary and the constitutional jurisdiction, and subsequently, in the following legal regulation of issues already addressed by the constitutional doctrine.
Received: 30 October 2018
Accepted: 21 November 2018
Published online: 27 December 2018
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Last update: 08/02/2022
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