Practice question · Multiple choice
Why do the guiding principles of social and economic policy in the Spanish Constitution have a weaker legal force than the fundamental rights, even though both appear in the same text?
Hints
- The Constitution says expressly how they may be invoked.
- They inform legislation and judicial practice, and are litigable only as developed by statute.
Show the answer
A. Article 53.3 makes them binding on lawmakers yet actionable in court only via enabling acts
Why
Under Art. 53.3 CE, guiding principles are not non-binding, provisional, or limited to autonomous communities. They inform all legislation and judicial practice, but individuals cannot invoke them directly without an implementing statute.
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