Description
HONOR, PRIVACY AND IMAGE RIGHTS IN LIGHT OF THE JURISPRUDENCE OF
Book Summary
This work offers a comprehensive analysis of the rights to honor, personal and family privacy, and one's own image, guaranteed by the Spanish Constitution of 1978. The book examines how these rights conflict with the freedoms of expression and information, and how the courts, especially the Supreme Court and the Constitutional Court, resolve these cases through a balancing test. Aimed at legal scholars and law professionals, the text unravels the contours defined by constitutional jurisprudence and the recent evolution of the Supreme Court's doctrine, offering a practical guide on the limitless case law of these fundamental rights.
What is it about?
The book addresses the complex interaction between fundamental personality rights and public liberties. It focuses on how the Constitutional Court has shaped the essential content of each right, establishing criteria to resolve typical collisions with freedom of expression and the right to information. Through the analysis of the most recent jurisprudence, the author shows how courts apply a case-by-case balancing test without establishing prior hierarchies. The work also examines the Supreme Court's doctrine in recent years, offering an updated view of the interpretive evolution and the criteria applied to determine the prevalence of one right over another in specific situations.
Main Topics
- Constitutional delimitation of the right to honor, personal and family privacy, and one's own image.
- Collision of fundamental rights: balancing personality rights against freedoms of expression and information.
- Constitutional Court jurisprudence: doctrine on the essential content and limits of these rights.
- Evolution of Supreme Court doctrine in resolving conflicts between fundamental rights.
- Case law and practical application of the balancing test in the judicial sphere.
Who is it recommended for?
This book is recommended for lawyers, judges, prosecutors, court clerks, and law students interested in constitutional law and the protection of fundamental rights. It is also useful for journalism and communications professionals who need to understand the legal limits of freedom of expression and information in relation to personal privacy and honor.
What this book provides
- A systematic and updated analysis of constitutional and Supreme Court jurisprudence on personality rights.
- Conceptual tools for understanding the balancing test applied in cases of colliding fundamental rights.
- Clarity on the jurisprudential criteria that determine the prevalence of one right over another in concrete situations.
- A practical guide for resolving real cases, based on the most relevant judicial precedents.
- An updated doctrinal perspective on the evolution of these rights in the Spanish legal system.
Technical Specifications
- Author: Juan Carlos Capdevila Sánchez
- Publisher: J.M. Bosch
- Language: Spanish
- Subject: Right to honor, privacy and one's own image
- Collection: Law
- Binding: Paperback
- Publication Date: February 2026
- Number of pages: 264
- Weight: 500 g
Editorial Review
This is a specialized work that fulfills a real need in the legal field: having an updated and rigorous analysis of the most recent jurisprudence regarding honor, privacy, and image rights. Its practical approach, based on case law and the doctrine of high courts, makes it a valuable tool for professionals who need to argue and resolve conflicts between fundamental rights. The author's experience, as a Doctor of Law with a long career in the administration of justice, adds solidity and depth to the content, making it especially recommended for those seeking an updated reference in this area of constitutional law.