Isabella Carter
The Constitutional Court of Spain (Spanish: Tribunal Constitucional) is the supreme interpreter of the Spanish Constitution. It is defined in Part IX of the Constitution of Spain and is governed by several Organic Laws. The Court is made up of twelve justices who serve for nine-year terms, four of whom are nominated by the Congress of Deputies, four by the Senate, two by the executive branch of the government, and two by the General Council of the Judiciary. The Constitutional Court is authorized to rule on the constitutionality of laws, acts, or regulations set forth by national or regional parliaments and has played a critical role in Spain's political and social development.
| Characteristics | Values |
|---|---|
| Name | Constitutional Court (Spanish: Tribunal Constitucional) |
| Powers | Determines the constitutionality of acts, statutes, laws, and regulations made by any public body, central, regional, or local in Spain; Settles conflicts of jurisdiction between the central and regional governments; Determines whether non-legislative acts by the central government, its branches, or the regional governments abide by the distribution of powers defined by the Constitution; Hears complaints from the public about their constitutional rights; Allows for individual appeals for protection against governmental acts that violate their "fundamental rights or freedoms"; Rules on the constitutionality of international treaties before they are ratified, if requested to do so by the government, Congress of Deputies, or the Senate |
| Membership | Twelve justices (Spanish: magistrados) appointed by the King; Four nominated by the Congress of Deputies, four by the Senate, two by the executive branch of the government, and two by the General Council of the Judiciary; Justices must have a minimum of fifteen years of experience in fields related to jurisprudence, including "magistrates and prosecutors, university professors, public officials, and lawyers"; Justices must not hold a position that may detract from their independence, such as a post in a political party or a representative position; Membership is renewed by thirds every three years |
| Decisions | Cannot be appealed; Published in the Official State Gazette (Boletín Oficial del Estado) |
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What You'll Learn
Powers and jurisdiction
The Constitutional Court of Spain (Spanish: Tribunal Constitucional) is the "supreme interpreter" of the Spanish Constitution. It is the highest court for constitutional matters, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. The Court has jurisdiction over the entire Spanish territory and is authorised to rule on the constitutionality of laws, acts, or regulations set forth by the national or regional parliaments.
The Constitutional Court has the power to settle conflicts of jurisdiction between the central and regional governments, as well as hearing complaints from the public about their constitutional rights. Individual citizens may appeal to the Court for protection against governmental acts that violate their "fundamental rights or freedoms". This appeal is called a recurso de amparo, and can only be made by individuals directly affected, and only after they have exhausted judicial appeals.
The Court also has the power to rule on the constitutionality of international treaties before they are ratified, if requested to do so by the Government, the Congress of Deputies, or the Senate. The abstract review request, to determine the constitutionality of a law, can be brought by the Prime Minister, the Ombudsman, fifty members of Congress, fifty senators, the executive or parliaments of an Autonomous Community.
The Constitutional Court's decisions cannot be appealed. The Court consists of twelve justices (magistrados) who serve for nine-year terms. Four of these are nominated by the Congress of Deputies, four by the Senate, two by the executive branch of the government, and two by the General Council of the Judiciary. Justices are formally appointed by the King and must have a minimum of fifteen years of experience in fields related to jurisprudence.
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Membership
The Constitutional Court of Spain (Spanish: Tribunal Constitucional) is the supreme interpreter of the Spanish Constitution. It has the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. The Court consists of twelve justices (Spanish: magistrados) who serve for nine-year terms. The justices are appointed by the King, with four nominated by the Congress of Deputies, four by the Senate, two by the executive branch of the government, and two by the General Council of the Judiciary. This unique selection process, with judges chosen by the three branches of government, has been criticised for the alleged politicisation of the Court.
The Constitution sets a minimum standard of fifteen years of experience in fields related to jurisprudence for justices, including "magistrates and prosecutors, university professors, public officials and lawyers". Justices must not hold any other positions that may compromise their independence, such as a post in a political party or a representative position.
The Court's members are appointed for nine-year terms, with renewal by thirds every three years. Membership is incompatible with any representative, political, or administrative office, management role in a political party or trade union, or employment in their service. It is also incompatible with active service as a judge or prosecutor.
The Constitutional Court has a broad range of powers and responsibilities. It can rule on the constitutionality of laws, acts, or regulations set forth by national or regional parliaments and settle conflicts of jurisdiction between central and regional governments. The Court also has the authority to hear complaints from the public about their constitutional rights and conduct a preventive review of statutes of autonomy of the regions. Individual citizens may appeal to the Court for protection against governmental acts that violate their "fundamental rights or freedoms".
The decisions of the Constitutional Court are final and cannot be appealed. This power includes the ability to overrule decisions made by the Supreme Court of Spain if there has been an infringement of citizens' rights and freedoms embodied in the Spanish Constitution of 1978.
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Independence
The Constitutional Court of Spain (Spanish: Tribunal Constitucional) is the "supreme interpreter" of the Spanish Constitution. It is not a part of the Spanish Judiciary, and its decisions cannot be appealed. The Court is defined in Part IX (sections 159 through 165) of the Constitution of Spain and is governed by several Organic Laws.
The independence of the Constitutional Court is ensured through various means. Firstly, the Court's members are appointed by the King, with four each nominated by the Congress and the Senate, two by the Government, and two by the General Council of the Judiciary. This diverse nomination process helps to prevent the Court from being overly influenced by any single body.
Secondly, the members of the Constitutional Court are chosen from among magistrates and prosecutors, university professors, public officials, and lawyers. They must have at least fifteen years of experience in their respective fields and must not hold any political or administrative positions that may compromise their independence.
Additionally, the Constitutional Court has the power to rule on the constitutionality of laws, acts, or regulations set forth by national or regional parliaments. This includes settling conflicts of jurisdiction between the central and regional governments and ruling on the constitutionality of international treaties before their ratification if requested by the appropriate authorities. The Court also has the authority to hear complaints from individual citizens about violations of their constitutional rights.
The Constitutional Court's independence is further strengthened by its ability to overrule decisions made by the Supreme Court of Spain if there has been an infringement of the rights and freedoms of citizens embodied in the Spanish Constitution. This power underscores the Court's role as the final arbiter of constitutional matters in Spain.
In summary, the Constitutional Court of Spain maintains its independence through a combination of careful member selection, diverse nomination processes, and broad judicial powers. These measures help to ensure that the Court can interpret and uphold the Spanish Constitution impartially and free from undue influence.
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Appeals and enforcement
The Constitutional Court of Spain (Spanish: Tribunal Constitucional) is the supreme interpreter of the Spanish Constitution. It has the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. The Court is authorised to rule on the constitutionality of laws, acts, or regulations set forth by national or regional parliaments, and can settle conflicts of jurisdiction between central and regional governments.
The decisions of the Constitutional Court cannot be appealed. However, the Court's powers include hearing complaints from the public about their constitutional rights, and individual citizens may appeal to the Court for protection against governmental acts that violate their "fundamental rights or freedoms". This is called a recurso de amparo, and can only be made by individuals directly affected, and only after all judicial appeals have been exhausted. The General Electoral Law of June 1985 also allows appeals to this court in cases where electoral boards exclude candidates from the ballot.
The Court's twelve justices (Spanish: magistrados) are appointed for nine-year terms, with renewal by thirds every three years. Four justices are nominated by the Congress of Deputies, four by the Senate, two by the executive branch of the government, and two by the General Council of the Judiciary. Justices are formally appointed by the King and must have a minimum of fifteen years of experience in fields related to jurisprudence.
The Constitutional Court may overrule Supreme Court decisions if there has been an infringement of the rights and freedoms of citizens embodied in the Spanish Constitution of 1978. The Supreme Court is the highest court in the Kingdom of Spain and has original jurisdiction over cases against high-ranking officials of the Kingdom, as well as cases regarding the legalization of political parties. It also has ultimate appellate jurisdiction over all cases.
The Supreme Court has the prerogative to enforce its actions under the principle of obedience to final judicial decisions enshrined in the Constitution. It is the only entity that can order the detention of members of its own judiciary, legislature, or executive authorities, and then impeach them according to additional civil and criminal obligations.
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Historical context
The Constitutional Court of Spain, or Tribunal Constitucional, is the supreme interpreter of the Spanish Constitution. It is defined in Part IX (sections 159 through 165) of the Constitution of Spain and was established along the lines of the Kelsenian model of constitutional justice, also referred to as the European Model.
The Constitutional Court was established to fill a gap in the Spanish Constitution of 1812, which did not specify the number of justices. The Supreme Court of Justice Act of 1814 established a high court of 16 "ministers" distributed across three chambers, but this act barely took effect due to the restoration of absolutism in 1814. The act was in force between 1820 and 1823, and in 1834, the court was renamed the Supreme Court of Spain and Indies, retaining the same composition. In 1864, the Court was divided into two chambers, and the number of magistrates increased to 25. The Third Chamber was created in 1868 to handle issues related to public administrations (administrative law).
In 1870, the number of magistrates increased again to 33, distributed across four chambers: one for civil cases, two for criminal cases, and one for administrative cases. Between 1875 and 1904, the administrative jurisdiction was transferred to the Council of State. In 1931, the Republic further divided the Court into six chambers: First Chamber for Civil Law, Second Chamber for Criminal Law, Third and Fourth Chambers for Administrative Law, Fifth Chamber for Laboral Law, and Sixth Chamber for Military Law. The number of magistrates during this period was up to 40.
In the current democratic period, the Court is divided into five chambers, and neither the Constitution nor the Organic Judiciary Act specifies the number of magistrates. According to 2017 data, the Court consisted of 79 magistrates. The Constitutional Court, on the other hand, consists of twelve justices who serve for nine-year terms, with one-third of the members renewed every three years.
The Constitutional Court is unique in that it has judges chosen by the three branches of the Spanish government. Four justices are nominated by the Congress of Deputies, four by the Senate, two by the executive branch, and two by the General Council of the Judiciary. The justices are then formally appointed by the King. This diverse selection process aims to ensure independence and expertise in the Court's composition.
The Constitutional Court's powers include ruling on the constitutionality of laws, acts, or regulations set forth by national or regional parliaments. It can also settle conflicts of jurisdiction between the central and regional governments, especially regarding autonomy questions. The Court's decisions are final and cannot be appealed, highlighting its significant role in Spain's political and social development.
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Frequently asked questions
The Constitutional Court (Spanish: Tribunal Constitucional) is the supreme interpreter of the Spanish Constitution.
The Constitutional Court is authorised to rule on the constitutionality of laws, acts, or regulations set forth by the national or regional parliaments. It can settle conflicts of jurisdiction between the central and regional governments and rule on the constitutionality of international treaties.
The Constitutional Court consists of twelve justices (Spanish: magistrados) who serve for nine-year terms. Four are nominated by the Congress of Deputies, four by the Senate, two by the executive branch of the government, and two by the General Council of the Judiciary.
