El acceso y sus límites: con especial referencia a los archivos españoles
2000; Gabinete de Estudos a&b; CETAC.MEDIA; Issue: 5 Linguagem: Inglês
ISSN
2183-6671
Autores Tópico(s)Comparative constitutional jurisprudence studies
ResumoThe democratic guarantees in which western countries proceed includ the right to be informed. Its theoretical justification had been expressed by the French writers of the Enlightenment in the eighteenth century and even, much earlier, there had been important antecedents which had reached the nformers in the sixteenth century. In Spain, this rigth has had a very stormy journey from its acceptance by the constitution radicals in Cadiz but not recognised as naturalization papers until the eighteenth century, as a consequence of the French revolution, untill its final consolidation with the Constitution of 1978. The free access to Spanish archives is a recent achievement, provided by the constitutional writings and by the most relevant laws such as 'Ley del Patrimonio Historico Espanol'and 'Ley del Regimen Juridico de las Administraciones Publicas y del Procedimiento Administrativo Comun', not only in its administrative aspect but in its culturai side, too. The analysis of specific cases shovs us a rather obvious contrast between utopia and reality concerning access to archives. This fact can be seen comparing the theoretical principles drawn up by institutions like the International Council of Archives and by proffesional groups with the application and interpretation of the lav and with the human, financial and material resources applied to archives in order to make access easier.
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