The chilling effect on the exercise of civil rights in the Spanish constitutional case law

Authors

  • Joaquín Urías Universidad de Sevilla

DOI:

https://doi.org/10.18042/cepc/redc.129.10

Abstract

For decades the Spanish Constitutional Court has been affirming that the Constitution rejects the ‘chilling effect’ on the exercise of fundamental rights. It is a notion that he borrowed from the American and European systems. However, its use in the Spanish case law is diverse and ambiguous. It is usually invoked as a consequence of a proportionality judgment, but on occasions it also seems to be presented as an absolute prohibition that can mean the unconstitutionality of an action or even of a regulation. This study tries to systematize the jurisprudential uses of the notion, strictly linked to the institutional meaning of rights to conclude what exactly it consists of, when it can be appreciated and what effects it entails.

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Published

2023-12-18

How to Cite

Urías, J. (2023). The chilling effect on the exercise of civil rights in the Spanish constitutional case law. Revista Española De Derecho Constitucional, (129), 305–336. https://doi.org/10.18042/cepc/redc.129.10

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES