PP991
Analítico de Periódico
ALÁEZ CORRAL, Benito
Legal globalization from the perspective of Spanish constitutional law / Benito Aláez Corral
Annuario di Diritto Comparato e di Studi Legislativi, v.8 (2017), p.5-46
DIREITO CONSTITUCIONAL / Espanha, GLOBALIZAÇÃO / Espanha
This article analyses the reciprocal interaction between legal globalization and constitutional law in general and in particular Spanish Constitutional Law. From the point of view of systems theory and from a formal-functional understanding of the Constitution, are analysed formal and material legal globalization that is undergoing Spanish constitutional law, as well as the normative framework that it has provided for those globalization processes. Formal globalization, on the one hand, has fundamentally to do with the legal integration in another wider regional (like the European Union) or world-wide legal system (like International Law) and with the legal understanding of the concept of sovereignty and of competence on the competences. Material globalization, on the other hand, is the result of a regulative homogenization that derives from the supralegal position of both European Union law and international human rights law regarding matters such as the form of government, the economic constitution or the guarantee of fundamental rights, as well as from the interpretative binding force given to that European and Human Rights law by art. 10.2 Sp. Const. regarding the interpretation of fundamental rights.