Decentralization: new values and new rights
| Autor | Juan Alberto del Real Alcalá |
| Ocupação do Autor | Professor of Philosophy of Law, University of Jaen, Spain |
| Páginas | 2043-2057 |
Decentralization:
New values and new rights
Prof. Juan Alberto del Real Alcalá, PhD1
the areas in which rights can be consid-
ered a legal category. Globalization has opened new areas to manage and en-
force rights at world level as well as the subnational level, in the Constitutional
State. Moreover, state centralism cannot attend to all the rights claimed by the
people in Constitutional States. This phenomenon has caused rights to be pres-
ent at multiple levels. At the subnational level, this multilevel presence is linked
to the contemporary decentralization process in the Constitutional State and to
State and their linkage with the new constitutional values.
KeywordsDecentralisationconstitutionalvaluesspecicrights
I. Introduction: Decentralisation and current constitutionalism
The decentralisation processes adopted in many western Euro-
pean countries in the second half of the 20th century and Latin America
attheend of the century areongoingin the st century Decentrali-
sation has not always occurred to the same extent and intensity, and
thereforeithasaspecicsingularityineachcountryviatheirrespective
constitutions. Several types of decentralisation can be distinguished in
the Constitutional State:
Firstlywecan dierentiatethecaseinwhichdecentralisationis
deployed in relation to the Constitutional State’s institutions. This, in
turninvolvestwodierentlevelsofdecentralisationaminimumanda
maximum level. The minimum level corresponds to a “merely adminis-
trative” level of decentralisation that does not imply a decentralisation
of political power – which is still concentrated in a single location –,
1
Professor of Philosophy of Law, University of Jaen, Spain. Email: adelreal@ujaen.
es.Website: http://www4.ujaen.es/~adelreal
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