The Constitutional Quality of Fraternity

Authors

  • Fernando Rey Martínez Universidad de Valladolid

DOI:

https://doi.org/10.18042/cepc/redc.123.02

Abstract

This article discusses the historical origin and evolution of the concept of fraternité. It is one of the founding myths of the French Revolution, along with freedom and equality, even though it appears as the “poor relative”. It also examines the different functions it has played in the French constitutional history and the reasons for its periodic eclipses. From here the article moves on to examine the decisive application of the concept of fraternity by the Conseil Constitutionnel in its Decision of 6 July 2018. Finally, the text poses the question whether or not the principle of solidarity has completely replaced that of fraternity in non-French systems, such as the Spanish one.

Published

2021-12-28