Transparency Constitutional framework

Authors

  • Ignacio Villaverde Menéndez Universidad de Oviedo

DOI:

https://doi.org/10.18042/cepc/redc.116.06

Keywords:

Transparency, right to be informed, right to know, publicity, public Information, access to information, publicity by Sate.

Abstract

The author tries to construct a constitutionally adequate dogmatic of transparency in the Spanish constitutional system. It analyzes the main interpretive lines of doctrine and jurisprudence, and criticizes what he considers an excess of legal constructivism consisting of the invention of a fundamental right to transparency or a constitutional principle to transparency, that in his opinion do not exist in the case of the Spanish Constitution. However, it is possible the construction of a constitutional framework of transparency as an expression and necessary instrument of the exercise of fundamental rights to receive information and participate in public affairs, and for the most optimal realization of the principles of the democratic State and the Rule of Law. In this context, transparency becomes a constitutional value that materializes in this way.

Published

2019-07-31

Issue

Section

NOTES