Can fundamental rights be distributed in terms of competence? The regulation of the exercise of fundamental rights by the autonomous legislator

Authors

  • Claudia De Partearroyo Francés

DOI:

https://doi.org/10.18042/cepc/redc.135.06

Abstract

The complex Spanish autonomous state can distort what initially seemed to be structured in the Constitution as separate spheres: fundamental rights and distribution of competence. After more than forty years of the Spanish Constitution of 1978, there are still doubts as to whether fundamental rights, or part of them, can be considered a matter of competence distribution between the State and the autonomous communities. This paper addresses this question by means of an analysis of the Constitutional Court’s varying case law, specifically on its interpretation of articles 53.1, 81.1 and 149.1.1 of the Constitution and the possibility of the autonomous legislator to regulate fundamental rights. In order to try to overcome the uncertainty of constitutional case-law, we propose an answer to the research question that we understand to be in accordance with the jurisprudence of the supreme interpreter of the Constitution.

Downloads

Download data is not yet available.

Published

2025-12-12

How to Cite

De Partearroyo Francés, C. (2025). Can fundamental rights be distributed in terms of competence? The regulation of the exercise of fundamental rights by the autonomous legislator. Revista Española De Derecho Constitucional, (135), 185–218. https://doi.org/10.18042/cepc/redc.135.06