Right to suffrage, administration and principle of equality
Abstract
Principle of material equality, recognized by article 9.2 of Spanish Constitution, demands to Administration proactive politics in order to guarantee an effective exercise of fundamental rights. In the same way, the Spanish constitutional jurisprudence determines a general interpretation “pro exercise” of the fundamental rights, which has to inform whole administrative practice. However, in matter of right of suffrage have been made political and administrative decisions that, by action or omission, compromise that constitutional command and mentioned guidelines of the High Court. In this article we analyse those decisions that affect to Spanish residents abroad, to foreign residents in Spain and to people in social exclusion situation, with the aim of proposing alternatives to overcome this problem.
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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