La multiplication des garanties et des juges dans la protection des Droits Fondamentaux: coexistence ou conflit entre les systèmes constitutionnels, internationaux et régionaux? Évolution d’une décennie en Espagne

Abstract

This article seeks to highlight the scene of Spanish constitutional law. Therefore, the first part presented wants to show the Spain’s new democratic period with the constitutional recognition, of a wide range of rights and freedoms. And a gifted legal system Safeguards guaranteeing the protection of the rights persons before the courts, giving it as a result in the first sign of the new democratic political regime, after the same rights and guarantees were continually violated by the Franco dictatorship. Then, it was displaying the existing judicial pluralism, understanding thus: i). The conditions for the application of the rights and freedoms contained in the catalog ii). The key competence between different jurisdictions, judges and bodies to protect fundamental rights, which is achieved to conclude that all rights are not subject to the same level of legal requirement, although there are two general clauses division and they are a tool for the interpretation of these, human dignity and the free development of personality.