The principle of constitutional equality and its implications on fundamental rights. Notes on articles 14 and 9.2 of the Spanish Constitution of 1978
Abstract
This study attempts to highlight the relationship between fundamental freedom and the Equality Principle. These concepts have evolved simultaneously as a result of certain ties that have united them since their origins - ties which have grown even stronger with the advent of the Welfare State and the concomitant notion of social rights. In such a system, equality is established as a condition of the exercise of human rights. To this end, the Spanish Constituent Assembly has included the various meanings of the Equality Principle in the Constitution in a holistic manner: formal equality in article 14 and material equality in article 9.2. lt has also included in article 14 a subsection referring to the non discrimination principle. This holislic character has been pointed out on several occasions by the doctrine of the Spanish Constitutional Court, as we shall see below.
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