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- Title
EL TRIBUNAL CONSTITUCIONAL COMO ARTÍFICE (O NO) DE LA IDEA DE INTEGRACIÓN CONSTITUCIONAL.
- Authors
GÓMEZ FERNÁNDEZ, ITZIAR
- Abstract
Rudolf Smend's constitutional theory, developed in the context of the Weimar Republic crisis, sought to address and resolve the challenges of that time. The integration concept he articulated in his theory assumes the unity of the political community around a set of shared values, embraced by individuals from a conviction of their validity. The underlying objective of this approach was to find a pathway out of the political conflicts that hindered the stabilization of the German state. However, Smend's theory surpassed its initial purpose, leaving behind interesting points of reflection that can now serve as valuable tools for interpreting contemporary reality. The article aims to identify in the jurisprudence of the Spanish Constitutional Court some of Smend's ideas particularly those related to the process of material integration facilitated by national symbols, language, rights, and the notion of a community bound by shared values. The ultimate goal is to assess the strength of this jurisprudence and consider whether it allows us to speak of its quality as a tool for integration".
- Subjects
WEIMAR Republic, 1918-1933; NATIONAL emblems; CONSTITUTIONAL courts; SPANISH language; POLITICAL community; LINGUISTIC rights
- Publication
Teoria y Realidad Constitucional, 2024, Issue 53, p455
- ISSN
1139-5583
- Publication type
Article
- DOI
10.5944/trc.53.2024.41408