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Copyright Universidad Nacional de Educacion a Distancia (UNED) May-Aug 2013

Abstract

Present contribution studies the role that freedom of the press fulfilled during the first constitutional experience in Spain. Within the study of the context of its recognition it is observed that Freedom of the press was achieved before de facto rather than de iure. This circumstance made possible the circulation of all kind of documents which also contributed to the exchange of ideas about the new State model. From the study of the main reasons that motivated the approval of the Press Decree of 1810 can be inferred that Courts did not only conceive Freedom of the press as a mere individual right that enabled the free development of personality, but also as a right that was expected to fulfill important functions in the new political model that was intended to be established. This idea is corroborated by the analysis of the constituent process and the work environment of the institutions created in the 1812 Constitution. With reference to the constituent process, it is observed that previous to the approval of a Constitution that could be called as rational-regulatory, it was compulsory to recognize and guarantee the Freedom of the press. Finally, and related to the work environment of the new liberal institutions, the aforementioned public liberty was entirely necessary as it allowed the citizens the supervision and control of the political power's exercise among other issues.

Details

Title
LA LIBERTAD DE IMPRENTA COMO PREMISA DE LA PRIMERA CONSTITUCIÓN RACIONAL-NORMATIVA ESPAÑOLA: LA CONSTITUCIÓN DE CÁDIZ DE 1812
Author
Alegría, Antonio Magdaleno
Pages
224-252
Publication year
2013
Publication date
May-Aug 2013
Publisher
Universidad Nacional de Educacion a Distancia (UNED)
ISSN
0211979X
e-ISSN
21745625
Source type
Scholarly Journal
Language of publication
English, Spanish
ProQuest document ID
1550519353
Copyright
Copyright Universidad Nacional de Educacion a Distancia (UNED) May-Aug 2013