خلاصة:
The subject of this article is the examination of rights protectable by constitutional inquiry procedures. The first section raises questions regarding the subject protected by constitutional inquiry and attempts to answer them; the scope of protected rights, the nature of protected rights, the framework for utilizing fundamental rights, formal rights, and constitutional inquiry are the topics discussed and examined in this section. The second section addresses Spain's experience in the field of subjects protected by constitutional inquiry procedures. In this section, the topics mentioned in the first section are specifically followed up regarding Spain.
ملخص الجهاز:
Nevertheless, determining a list of fundamental rights and, in other words, enumerating those rights, does not prevent the possibility of increasing the scope of subjects protected by constitutional appeal, in order to include new fundamental rights that are deemed worthy of protection by this specific form of guardianship.
These criteria include the degrees of possibility for direct or indirect enforcement of said rights in legal relations between private individuals, the type of sub-constitutional norms that can regulate fundamental rights (according to the constitution), the complexity of the necessary procedures for their amendment, and the different systems of applicable judicial protection.
Other standards that are not protected, even if they fall within the framework of essential measures that are objectively covered by the procedure of constitutional appeal, are those that, instead of creating fundamental rights enforceable by interested parties, for example, create an obligation for the state to cooperate with various religious beliefs or compel the legislator to refrain from granting a personal right to private educational institutions regarding the public budget.
Also, regardless of the different assessments that may be made, it is clear that the judicial practice of the Constitutional Court has expanded the scope protected by these rights, which have a formal nature, to such an extent that measuring and assessing it is difficult, and in this way, it contributes to the understanding and comprehension of constitutional appeal, as a means and ultimate whole, in the event of any actual or hypothetical formal violation affecting the fundamental right to due legal process32 in ordinary proceedings.
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