Description
A CONSTITUTION ADRIFT
Book Summary
In this work, Bartolomé Clavero analyzes the imbalances and contradictions that, in his view, the 1978 Spanish Constitution presents in its maturity. The author identifies an early jurisprudential drift that has generated structural problems: from the impunity of the Franco dictatorship to the neutralization of the recognition of nationalities and historical rights. Through a critical and well-documented analysis, the book examines how the constitutional text has been interpreted to enshrine gender discrimination, distort the right to security, and protect against corruption-related accountability. A necessary reflection on the health of the Spanish constitutional system.
What is it about?
The book addresses the evolution of the 1978 Spanish Constitution from a critical perspective, pointing out what the author considers a jurisprudential drift that has distorted its original spirit. Clavero examines four major problem areas: the legal impunity of Francoism, the neutralization of the recognition of nationalities and historical rights, the persistence of gender discrimination under constitutional protection, and the distortion of fundamental rights such as legal certainty. He also analyzes how the system has allowed for large-scale corruption impunity and how it has sustained a monarchy he considers anomalous. The work is not limited to criticism but offers a detailed analysis of the rulings and judicial decisions that have shaped this drift, providing a global vision of the challenges facing the Spanish constitutional order.
Main themes
- Critical analysis of Spanish constitutional jurisprudence post-1978
- Impunity for the crimes of the Franco dictatorship and their legal treatment
- Recognition of historical nationalities and regional rights
- Gender discrimination within the constitutional framework
- Systemic corruption and its impunity under the constitutional order
- The parliamentary monarchy and its constitutional fit
Who is it recommended for?
This book is aimed at jurists, political scientists, historians, and constitutional law students interested in a critical analysis of the Spanish political system. It will also be of great interest to readers with a background in social sciences who seek to understand the tensions and contradictions of the current constitutional framework from a documented and rigorous perspective.
What this book offers
- A detailed analysis of the jurisprudential evolution of the Spanish Constitution from 1978 to the present
- A critical perspective on the main contradictions of the Spanish constitutional system
- Exhaustive documentation of rulings and judicial decisions that have shaped the constitutional drift
- Tools for understanding current debates on historical memory, regional rights, and corruption
- A profound reflection on the democratic health of the Spanish State from a constitutional standpoint
Technical specifications
- Author: CLAVERO, BARTOLOME
- Publisher: PASADO Y PRESENTE, S.L
- Language: Spanish
- Subject: HISTORY, CONSTITUTION: GOVERNMENT AND STATE, POLITICAL STRUCTURES: DEMOCRACY
- Collection: ESSAY
- Binding: Paperback
- Publication date: October 2019
- Number of pages: 400
- Weight: 550 g
Editorial review
Bartolomé Clavero, Professor of Legal History, offers in this work a rigorous and controversial analysis of the jurisprudential drift of the Spanish Constitution. The book stands out for its exhaustive documentation and its ability to connect specific legal problems with highly topical political and social debates. Although his critical approach may not be shared by all readers, it is an essential read for those seeking to understand the structural tensions of the Spanish constitutional system from an academic and committed perspective.