Identifying fundamental rights in the Spanish Constitution

Abstract

In this paper we offer some simple interpretative criteria or rules to contribute
to the identification of fundamental rights in the Spanish Constitution, question that remains controversial in the constitutional doctrine. In accordance with these rules, we find fundamental rights not only in Chapter II of Title I of the Spanish Constitution, but also in Chapter III, in Chapter I, and even outside Title I of the Constitution. All the rights identified must apply to them the logical consequences of the character of the fundamental norm of the Constitution. Consequently, they bind all public authorities, including the legislator and the judiciary.