Revista Vasca de Administración Pública (Aug 2019)

Los derechos de los extranjeros en la Constitución española. Una interpretación lógico-sistemática

  • Antonio Ibáñez Macías

DOI
https://doi.org/10.47623/ivap-rvap.114.2019.03
Journal volume & issue
Vol. 114, no. Derechos fundamentales y Libertades Públicas
pp. 107 – 160

Abstract

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In this paper we have tried to systematize the rights of Spaniards and foreigners in the Spanish Constitution, studying the ownership and conditions of exercise of the rights of both groups of people. For this purpose, we have started with three interpretive rules, formulated in the language of predicate logic, to which we have added the two specific rules of articles 13.1 and 13.2 CE. In accordance with these rules, we have criticized the confused constitutional jurisprudence on this matter, and have made an alternative interpretation and classification of the rights of foreigners; first, of the rights contained in Title I, and then, of those located in other titles of the Constitution.

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