Resumen

APARICIO WILHELMI, Marco. Theoretical assumptions, legal dogma and constitutional interpretation of the rights of foreign people in Spain. Rev. IUS [online]. 2016, vol.10, n.37, pp.193-212. ISSN 1870-2147.

This work proposes a critical approach to constitutional interpretation taking as an object the regime of the rights of foreign people in Spain. Starting from the distinction of legal dogma, theoretical assumptions and political or moral postulates, there is progress in the approach of the necessary requirements for a critical legal dogma. The text then makes a review of the central elements of Constitutional jurisprudence on the rights of foreigners persons, until reaching the STC 236/2007. This review concludes with a critic on the use of the principle of dignity as a central criterion for the assessment of the scope of the authority of legislature to introduce restrictions other than those raised for nationals. Then, the theoretical assumptions are identified that lead to this line of interpretation; and thereby, propose a different approach; counter-hegemonic. Finally, based on such theoretical assumptions, it is suggested to start from the principle of equality as an organizing criterion from the understanding of constitutional rights, whatever identity the persons have.

Palabras llave : Constitutional interpretation; Fundamental rights; Spanish Constitution; Immigration Law.

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