The restriction of the exercise of rights in the State of Alarm. The Spanish case of the right to demonstrate

Abstract

The exercise of the right of assembly in its dynamic version - the demonstrations - is constitutionally guaranteed. While the state of alarm is in effect, demonstrations are not generally prohibited, as there is no room for suspension of rights. The Constitutional Court declared itself before a conflict of eventual injury to the fundamental right of assembly, the state of alarm being in force. For this reason, the discussion on the measures undertaken in the right of exception, and how it affects the suspension of fundamental rights has been placed in the constitutional legal point of view.