Historical Memory in the Spanish State: between the Right of Grace and Positive Law, with reference to a judgment of the Supreme Court of March 13, 2017.
Main Article Content
Vol. 21 (2017), Case Law Commentaries, pages 392-397
Submitted: Jan 16, 2018
Accepted: Jan 16, 2018
Published: Jan 18, 2018
Abstract
This comment is about a judgment of the Supreme Court, issued on March 13, 2017, in which several petitions are analyzed on the Lei 52/2007, of December 26, by which rights are recognized and extended and establish measures in favor of who suffered persecution or violence during the civil war and the dictatorship, commonly called the Law of Historical Memory, based on the Organic Law 4/2001, of November 12, regulating the right of petition, trying to claim the application of the Law of Historical Memory as a positive right and not as a right to be granted in the Spanish State.
Keywords:
historical memory, right of petition, francoism, spanish civil war, exhumations.
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