Law Atlas

How The Law Decides
Courts

Spanish Constitutional Court

Constitutional Courts

Citation Formats

General Reference

APA Style

BibTeX

Spain's Constitutional Court was established on 12 July 1980, two years after the 1978 constitution it now serves as supreme interpreter of, and follows the same Kelsenian, or European, model of constitutional justice as its Austrian and Italian counterparts: only this specialized court, not the ordinary judiciary, may declare a statute unconstitutional, and it can do so through abstract review of a law's text rather than only in the course of deciding a concrete case. Its jurisdiction covers the constitutionality of legislation passed by the national parliament and by Spain's regional parliaments, disputes between the central government and the autonomous regions, the constitutionality of international treaties, and individual appeals for the protection of fundamental rights, the recurso de amparo. Twelve justices serve nine-year terms, four nominated by the Congress of Deputies, four by the Senate, two by the executive and two by the General Council of the Judiciary, and formally appointed by the King. The court has played a pivotal role in Spain's post-transition political life, particularly in disputes over regional autonomy, though its method of appointment and some of its rulings have also drawn accusations of politicization.

Comments (0)
No comments yet. Be the first to share a thought.
Reader Challenges (0 open reader challenges)
No disputes yet. Spotted an error or a better source? Open the first one.

View At A Past Year

The atlas records no dated fact of its own for this entry, so there is no other year to choose.