CHAPTER 4
Guarantee of Fundamental Rights and Liberties
Section 53
Rights and liberties binding on public authorities9.1, 14-38, 81, 16.1 a) C1. The rights and freedoms recognised in Chapter 2 of the present Part are binding on all public authorities. Only by an act which in any case must respect their essential content, could the exercise of such rights and freedoms be regulated, which shall be protected in accordance with the provisions of section 161(1) a).
Judicial and constitutional protection14-29 C2. Any citizen may assert a claim to protect the freedoms and rights recognised in section 14 and in division 1 of Chapter 2, by means of a preferential and summary procedure before the ordinary courts and, when appropriate, by lodging an individual appeal for protection (recurso de amparo) to the Constitutional Court. This latter procedure shall be applicable to conscientious objection as recognised in section 30.
Social and economic principles39-52 C3. Recognition, respect and protection of the principles recognised in Chapter 3 shall guide legislation, judicial practice and actions by the public authorities. They may only be invoked before the ordinary courts in accordance with the legal provisions implementing them.
Section 54
Parliamentary Commissioner70.1 c), 81, 162.1 a) C
200, 205 SOAn organic act shall regulate the institution of the Defender of the People (Defensor del Pueblo) as high commissioner of the Cortes Generales, appointed by them to defend the rights contained in this Part; for this purpose he or she may supervise the activity of the Administration and report thereon to the Cortes Generales. (Senate Standing Orders, section 183).
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