Libertad ideológica y libertad de expresión como garantías institucionales

Abstract

This article analyses the nature of two basic fundamental rights - ideological freedom and freedom of expression - and their preeminent position in the legal system, presided over by the Constitution of 1978. The trhee fundamental rights together make a constitutional normative, endowned whit a «constitutional plus», and a s such we are faced with, not only three constitutional freedom, but instead real «institutional gurantees». 
The article has a jurisdictional base, as the Constitutional Court has been the main interpreter of the Constitution, it is this court that has interpreted and applied this set of freedoms and gurantees, making them generically prevail over other fundamental rights. It is also considered that the practical scope of these rights must be as large as possible, because the existence of democracy within the spanish state depend upon the practical implementation of such rights. As such, the Constitutional Court concludes that the freedom recognised in articles 16 and 20 of the Spanish Constitution exceed the merely personal scope due to their institutional dimension, and because they signify the recognition and gurantee of a free public opinion and political pluralism advocated by article 1.1 of the Spanish Constitution are one of the superior values of the legal system. 
The connection between these three articles and their practical validity and preference over the rest of the legal system explain and gurantees, therefore, the existence of a political democratic regime.