The article addresses the thesis that civil law – i.e. the relationships amongst individuals – substantially is the“true” constitution. To this end, the essay points out that in such cases where constitutional provisions aim atframing economic rules and property rights in conflict with the effective rules as performed by individuals,the constitution itself may be considered valid, but not effective. Furthermore, the analysis focuses on therole of legal codes during three phases: i) liberalism; ii) liberal-democratic; iii) (current) globalization. Inparticular, the “ductilisation” of sources, especially by transnational and soft law, and the construction of a“hyper-constitution” (established by the binomial scholarship-jurisprudence, and considered immutable,eternal, and with universalistic pretensions) are in conflict with the civil law currently in force almost globally,complementing the “imperial” design of globalization.
“El contenido esencial del ius in officium y su limitación por la declaración del estado de alarma. Comentario a la STC 168/2021”
THE ESENTIAL CONTENT OF THE IUS IN OFFICIUM AND ITS LIMITACION BYTHE DECLARATION OF THE STATE OF ALARM. COMMENT TO STC 168/2021.The controversy that arises in this amparo appeal is none other than the challenge to the agreement of theBoard of the Congress of Deputies to suspend the processing of parliamentary initiatives as a consequenceof the declaration of the state of alarm and to what extent with this suspension prevented the exerciseof the representative function by the Deputies and control over the Government, which also affected theadministrative, prescription and expiration periods of the administrative procedures of Congress. TheConstitutional Court resolved the violation of the fundamental right to political participation and the nullityof the agreement adopted by the Board of the Congress of Deputies.
“La función parlamentaria de orientación e impulso en Andalucía”
THE OVERSIGHT AND STIMULUS FUNCTION IN THE ANDALUSIAN PARLIAMENT. One of the Parliament’s main roles is to stimulus the political action of the Government. After an exhaustive analysis of the activity that is carried out in Andalusia in this regard, we have come to the conclusion that this role is in fact a modality of the function of control of the Government action.
“Restricciones de los derechos de reunión y manifestación a causa de la pandemia COVID en la jurisdicción alemana”
RESTRICTIONS ON ASSEMBLY AND DEMONSTRATION RIGHTS DUE TO THECOVID PANDEMIC IN GERMAN JURISPRUDENCE.The work summarizes the doctrine of the jurisprudence of the German Federal Constitutional Court on therestrictions on the rights of assembly and demonstration due to the pandemic. It is exposed to what extentthese decisions are a continuity with the previous doctrine and to what extent they can suppose a certainconstitutional mutation. German jurisprudence is compared with Spanish constitutional jurisprudence onthese rights, analyzing the similarities and differences between them from the point of view of the territorialstructuring of the State, whether the starting point is health law or emergency law, as well as as its relationshipwith European Law, especially that derived from the ECHR.
“Escenarios tras la pandemia en clave de gobernanza”
SCENARIOS FOLLOWING THE PANDEMIC IN TERMS OF GOVERNANCE. The mode of response to the emergency of the pandemic has served to set some guidelines for the evolution of democracy in the 21st century. Faced with the historical inertia of the past, embodied in models of high centralization of power, the governance options lean instead towards styles that bet on decentralization, advancing towards network systems with participatory presence of society and expert knowledge.
“Estado de alarma, elecciones y derecho de sufragio”
STATE OF ALARM, ELECTIONS AND RIGHT TO VOTE.The declaration of a state of alarm should not suppose, despite the circumstances, an insurmountableobstacle to the exercise of fundamental rights and public liberties. Especially when it comes to the right toparticipate in public affairs through freely chosen representatives in periodic elections by universal suffrage,as required by art. 23.1 of Spanish Constitution.Instead of prioritizing or prioritizing the exercise of one right over another, it is necessary to adoptproportionate measures that make it possible to combine the unavoidable protection of life and physicalintegrity in a pandemic situation, with the necessary exercise of the rights of political participation, that formthe basis of any democratic system.
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