Els drets fonamentals com a principis objectius

  • Gavara De Cara, Juan Carlos (Principal Investigator)
  • Vallès Vives, Francesc (Researcher on contract)
  • Carreras Serra, Francesc de (Investigator)
  • Mateu Vilaseca, Marcel (Investigator)

Project Details

Description

(...) Particularly, this project is focused in the analysis of the exposition of the fundamental rights as objective principles (...). This conception of civil rights as objective principles allow to establish two projections related to their meaning: a) The civil rights like a system of principles and objective values with validity pretension and projection in the legal system, in other words, in all the scopes of the Law (external projection to the Constitution); b) The civil rights like objective principles that allow to delimit the interpretation of the individual or subjective aspect of the civil rights (internal projection to the constitutional text). In relation to the external projection of the civil rights, we will analyze the traditional problems of the binding force of the civil rights related to their interpretation like objective principles (...). In relation to the internal projection we will analyze the missions that fulfills the Spanish Constitution, art. 10,1, apart from the recognition of the concrete civil rights as objective principles, it implies the constitutionalizationof generic objective principles, and therefore, consequently susceptible to be applied in connection with the interpretation of the civil rights and with and evident protagonism in the matter of integration of the fundamental rights. The final mission is the publication of a book that may serve to provide a legal founded opinion and may be useful either to the Legislative Power or to the judges and courts, as well as to the Constitutional Court, as long as they are in charge of the concretion of the meaning, interpretation and legislative development of the civil rights.
StatusFinished
Effective start/end date1/10/0630/09/09

Funding

  • Ministerio de Educación y Ciencia: €36,300.00

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