Abstract

PASCUAL LOPEZ, Silvia. The inviolability of residence in the Spanish Constitutions of XX Century. Cuest. Const. [online]. 2009, n.20, pp.256-273. ISSN 1405-9193.

Spanish Constitutionalism of XX Century gains flutter in the republican text of December 9th 1931; its article 31 will be the first that in its own writing affirms the inviolability, extending it into the nationals and foreign residents in Spain. The guarantee of the judicial intervention to carry out the entrance only has the precedent of the 1869 Constitution. Henceforth, all that gives both Constitutions the highest guaranteeing rank in residence protection, which will be added, with the same purpose, in article 8.2 of in force 1978, functionally enforceable. However, we have to give account that guaranteeing of Second Republic's Constitution was seriously limited by the Laws of the Defense of the Republic and Public Order. The approach of Franco's regime lay attention to the residence inviolability restricting it to the Spanish, arguing its legitimacy in merit of some values that were even proclaimed by the privilege of the Spanish, were rarely respected. In its way, the 1978 constituents, determined in structuring a democratic State and purify the liberties, cannot demonstrate an specific interest about the residence inviolability, not being related the hues about procedure.

Keywords : Inviolability of the Home; Judicial Intervention; Constitution; Democratic State.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )