
Contents
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A. Genesis and Development A. Genesis and Development
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1. Historical Precursors 1. Historical Precursors
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2. The Spanish Model of the Judicial Protection of the Constitution 2. The Spanish Model of the Judicial Protection of the Constitution
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B. The Current Legal Configuration in Context B. The Current Legal Configuration in Context
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1. The Institution 1. The Institution
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2. Procedure 2. Procedure
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a) Introduction: The Modus Operandi a) Introduction: The Modus Operandi
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b) The Proceedings of Constitutional Review b) The Proceedings of Constitutional Review
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i. The norms subject to contestation i. The norms subject to contestation
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ii. Abstract judicial review proceedings ii. Abstract judicial review proceedings
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iii. Concrete judicial review proceedings iii. Concrete judicial review proceedings
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iv. Proceedings to protect local and foral autonomy iv. Proceedings to protect local and foral autonomy
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c) The Proceedings in Disputes on Territorial Powers c) The Proceedings in Disputes on Territorial Powers
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d) The Conflict Between Constitutional Organs d) The Conflict Between Constitutional Organs
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e) The Proceedings to Contest Enactments Without Force of Law and Decisions of the Comunidades Autónomas e) The Proceedings to Contest Enactments Without Force of Law and Decisions of the Comunidades Autónomas
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f) The Proceedings for Prior Constitutional Review of International Treaties f) The Proceedings for Prior Constitutional Review of International Treaties
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g) The Proceedings for Prior Constitutional Review of Estatutos de Autonomía g) The Proceedings for Prior Constitutional Review of Estatutos de Autonomía
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h) The Constitutional Complaint h) The Constitutional Complaint
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3. The Decision 3. The Decision
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a) The Contours of the Protected Constitution a) The Contours of the Protected Constitution
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b) The Scope of Protection—the Effect of Unconstitutionality b) The Scope of Protection—the Effect of Unconstitutionality
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c) Argumentation c) Argumentation
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d) Publication d) Publication
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C. The Role and Functions of Constitutional Adjudication C. The Role and Functions of Constitutional Adjudication
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1. The Relationship with the Political State Bodies 1. The Relationship with the Political State Bodies
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2. Constitutional versus Ordinary Jurisdiction 2. Constitutional versus Ordinary Jurisdiction
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3. The Poder Judicial, and Arguing with the Constitution 3. The Poder Judicial, and Arguing with the Constitution
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4. Constitutional Adjudication in Constitutional Scholarship and Theory 4. Constitutional Adjudication in Constitutional Scholarship and Theory
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D. Aspects of Evaluation D. Aspects of Evaluation
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1. The Work of the Tribunal Constitucional and its Public Perception 1. The Work of the Tribunal Constitucional and its Public Perception
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2. The Tribunal Constitucional and Politics 2. The Tribunal Constitucional and Politics
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3. The Function of the Tribunal Constitucional in the European Legal Space 3. The Function of the Tribunal Constitucional in the European Legal Space
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4. Final Remarks 4. Final Remarks
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14 The Spanish Constitutional Tribunal
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Published:March 2020
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Abstract
This chapter examines the Spanish Tribunal Constitucional. It showcases the story of the Tribunal as one of an institution that has been crucial for the success of the 1978 Constitution and thus for the setting up and consolidation of the Spanish constitutional democracy. It has brought to an end the work that the founding fathers were not able to conclude in 1978 as far as the territorial distribution of power is concerned. However, the chapter considers if maybe it is finally time to translate its praetorian construction of the autonomic State (Estado autonómico) into the words of the written Constitution, and by doing so closing a process that should not stay open permanently, and exposed to eventual substantial changes in the jurisprudence of the Tribunal, with all that this would imply at the expense of the definition of the territorial Constitution and its stability. In any case, the experience shows that entrusting a constitutional court with such a task implies to overburden it with a responsibility that no court is able to deal with for a long time.
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