The (in-)constitutionality of the reviewable permanent prison

The arguments of the spanish and colombian experience

Authors

  • Cecilia Rosado-Villaverde Universidad Rey Juan Carlos

DOI:

https://doi.org/10.18042/cepc/aijc.26.16

Abstract

The constitutional state provides for mechanisms for the rights protection of all persons. This implies that the penitentiary system of countries that follow the resocialisation principle must strike an appropriate balance to respect both, the rights of victims and the rights of offenders. The revisable permanent prison puts in check this weighting and that is why it is necessary to clarify what is the constitutional link of this measure has in our legal systems. The experience of Spain and Colombia helps us to understand the value that bill of rights have in our constitutional systems and whether it is possible to maintain such a high imprisonment in a social and democratic state of Law. The analysis, not only of the legal and constitutional regulation, but also of the decisions of the Constitutional Courts of both countries are essential tools to clarify this question.

Published

2022-12-29