El Derecho Constitucional a la libertad de expresión de los polícias y militares: Fundamentos que legitiman su reconocimiento a través de la ponderación
The recognition of the right to communication freedoms in the police and military in their legal assets a firm obstacle to its exercise, and its disciplinary regimes a mechanism of censorship capable of limiting and perversely control any area contrary to this action, even though the communicative...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5595587 |
| Source: | Vox Juris, ISSN 1812-6804, Vol. 31, Nº. 1, 2016 |
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| Summary: |
The recognition of the right to communication freedoms in the police and military in their legal assets a firm obstacle to its exercise, and its disciplinary regimes a mechanism of censorship capable of limiting and perversely control any area contrary to this action, even though the communicative act that is intended to express special public importance and has the purpose to promote transparency in military activity. Meanwhile rule limiting fundamental rights, its analysis requires a successfully passed constitutional control that, in the particular case, is carried through the test of proportionality. Analyzed the steps that make up its structure, we see that the restrictions on specific rules that limit their exercise invade the substance of this right. Given this scenario, the author proposes an intermediate formula in two specific cases to balance and optimize the relative exercise of this right in relation to the legal bases that are opposable. |
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