Symbolic elements of the Spanish Constitution. Protection of the use of symbols by citizens and institutions

Authors

  • Enrique Belda Universidad de Castilla-La Mancha

DOI:

https://doi.org/10.18042/cepc/redc.117.02

Keywords:

Symbol, flag, Crown, freedom of expression, freedom of thought, ideological freedom, political pluralism.

Abstract

The symbols of the State cannot be considered by law from a defensive and reactive perspective, caused by the sentimental confrontation of many societies. Their use or questioning is the consequence of the exercise of freedom and fundamental rights, and it is in this area, where the legal operator has to verify the symbols pertinent use or eventual impairment. The protection of symbols stems from the respect for ideas, homelands, and institutions, but should also include the protection of their use by each citizen as a means to exercise their rights and freedom. Legislative reforms aimed at the protection of symbols should be put in relation to the fundamental rights that are discovered after their use or after their criticism, and the legal consequences must be adequately weighed.

Published

2019-12-20