Description
FUNDAMENTAL RIGHTS AS DEFENSIVE RIGHTS RECONSTRUCC
Book Summary
This work offers a profound and systematic analysis of fundamental rights from the perspective of defensive rights (Abwehrrechte), a key legal category in German constitutional doctrine that is less explored in the Spanish sphere. The author, a professor of Constitutional Law, reconstructs the prescriptive content and normative dependency of these rights, linking them to concepts such as liberty, the individual, and association. An essential study for jurists and academics seeking a rigorous and updated understanding of the general theory of fundamental rights in the Spanish Constitution.
What is it about?
The book addresses the category of defensive rights within the framework of the Spanish Constitution, diverging from the traditional approach that distinguishes between rights of liberty and social rights. Through a structural analysis, the author examines how these rights are articulated around a prescriptive content and a normative dependency, interrelated with key legal concepts such as individual liberty, the associative phenomenon, and personal qualities. It delves into the autonomous characterization of each fundamental right, highlighting the elements that connect them to the notion of defense against public power.
Main Topics
- General theory of fundamental rights in the Spanish Constitution.
- Defensive rights (Abwehrrechte) as a prescriptive legal category.
- Relationship between prescriptive content and normative dependency in fundamental rights.
- Key concepts: liberty, individual, association, and legal position.
- Differences and complementarities with German constitutional doctrine.
Who is it recommended for?
This book is aimed at jurists, lawyers, judges, prosecutors, academics, and advanced students of Constitutional Law and Legal Theory. It is also of interest to researchers specializing in fundamental rights and public liberties, as well as professionals seeking a solid and updated theoretical perspective on the structure and function of defensive rights in the Spanish legal system.
What this book contributes
- A rigorous theoretical reconstruction of fundamental rights as defensive rights, little explored in Spanish doctrine.
- Clarifies the relationship between prescriptive content and normative dependency, offering analytical tools for the study of each fundamental right.
- Integrates key concepts such as liberty, individual, and association into a coherent and updated framework.
- Provides a solid basis for academic debate and legal practice regarding fundamental rights.
- Facilitates comparison with German constitutional doctrine, enriching the reader's perspective.
Technical Specifications
- Author: GAVARA DE CARA, JUAN CARLOS
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Topic: General Theory of Law, Constitutional and Administrative Law, Fundamental Rights and Public Liberties
- Collection: Law
- Binding: Paperback
- Publication Date: June 2022
- Number of pages: 354
- Weight: 300 g
Editorial Assessment
This work constitutes a relevant contribution to the study of fundamental rights from a theoretical perspective that is unusual in the Spanish sphere. The author manages to articulate complex concepts with clarity and offers a systematic reconstruction that can be of great utility for both academic research and legal practice. Its approach, based on the category of defensive rights, invites a rethinking of traditional classifications and provides new analytical tools. Recommended for those seeking a rigorous and specialized treatment of the subject.