Constitutional Court: Structure, Powers, and Rulings

Posted on May 18, 2025 in Law & Jurisprudence

The Constitutional Court

Constitutional Justice: General Approach

  1. Constitutional jurisdiction is defined as the system that seeks to decide fairly, in accordance with fundamental law, through established procedures and special bodies, the enforcement, supervision, and application of constitutional legal norms.
  2. The origin of the Constitutional Court is often traced to the United States.
  3. In Europe, Kelsen’s theory is based on the idea of the legislative pyramid, under which the legal system is a coordinated system of rules sorted by a criterion of hierarchy.

Nature of the Constitutional Court

  1. It is a court, not a political body.
  2. It is a body without its own initiative.
  3. It is a unique organ within its order.
  4. It is the supreme interpreter of the Constitution.
  5. Its rulings are a source of law.
  6. It is a body providing policy guidance to the state.
  7. It is an inclusive body.

Composition of the Constitutional Court

The 12 judges are appointed by the King on the following basis:

  • 4 nominated by the Congress of Deputies by a majority of three-fifths of its members.
  • 4 proposed by the Senate, by the same majority.
  • 2 proposed by the Government.
  • 2 proposed by the General Council of the Judiciary, in the manner prescribed by the Organic Law governing this body.

Organization and Operation

Composition:

  • 4 Sections
  • 2 Chambers
  • Plenary

Decisions within the various organs of the Constitutional Court require a majority of at least two-thirds of its members. In the event of a tie, the President has the casting vote.

Dissenting opinions may be issued by judges who disagree with the majority decision.

Jurisdiction of the Constitutional Court

  1. Control over the constitutionality of laws and regulations having the force of law.
    • Control is exercised through the constitutional appeal (filed by 50 deputies, 50 senators, the Ombudsman, the Prime Minister, the executive bodies of the Autonomous Communities, and the assemblies of the Autonomous Communities).
    • Constitutional questions (raised by judges and courts).
    • Preliminary review of international treaties.
  2. Protection of fundamental rights.
    • This appeal may be filed by any natural or legal person claiming a legitimate interest, the Ombudsman, and the Public Prosecutor’s Office.
  3. Control over the horizontal separation of powers.
    • Resolving conflicts of jurisdiction between various constitutional bodies: the Government, the Congress of Deputies, the Senate, and the General Council of the Judiciary.
  4. Control over the vertical separation of powers.
    • Resolving conflicts of competence between the state and the Autonomous Communities, or conflicts between the Autonomous Communities themselves.
  5. Control over electoral disputes.
    • The Constitutional Court resolves electoral disputes as a last resort when appealed through a constitutional protection action.

Decisions and Rulings of the Constitutional Court

  1. Concept: A decision of the Constitutional Court is the final ruling that concludes a constitutional process, embodying the constitutional doctrine derived from creative interpretation and integration of the law.
  2. Structure:
    • Background
    • Legal Grounds
    • Ruling
  3. Effects: Constitutional Court rulings have the effect of res judicata; the issue has been resolved in adversarial proceedings before the court. The ruling is irrevocable, and parties cannot subsequently argue otherwise or bring a new action on the same case or subject, except in specific circumstances (e.g., procedural defect).
  4. Scope/Authority: They are an authentic source of law.