The special subjection of the military following the new Organic Act on Rights and Duties

Authors

  • Isidro Fernández García

Keywords:

Fundamental rights, Armed Forces, special holding relations, military criminal law, military disciplinary law

Abstract

The object and purpose of this study is to elucidate the extent to which certain values and principles serve to delimit the object, content and limits of fundamental rights of the military. These values and principles of the Armed Force are necessary for the fulfillment of their tasks, assigned by the art. 8 of the Spanish Constitution. Nevertheless our analysis will not be reduced to a mere study of each of them. Throughout this paper we have ruled out two possible deductions from the Supreme Text. On one hand a restrictive general clause of the fundamental rights of those subject to military discipline. On the other hand the category of special holding relationships finding clearly stated constitutional reflection. The new Organic Law 9/2011 of rights and duties has appeared with the undoubted intention to constitute an authentic integral statute of the fundamental rights of the military.

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How to Cite

Fernández García, I. (2015). The special subjection of the military following the new Organic Act on Rights and Duties. Revista Española De Derecho Constitucional, (102), 127–166. Retrieved from https://recyt.fecyt.es/index.php/REDCons/article/view/39702

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