Constitutional Court: Powers, Principles, and Judicial Role

The Constitutional Court: Upholding Constitutional Values

The Constitutional Court plays a crucial role in ensuring that laws align with the nation's foundational principles. Judges are mandated to always follow the principles and values enshrined in the constitution.

Guiding Principles and Judicial Interpretation

While the guiding principles of a rule of law possess significant effectiveness, they also have their limits. For instance, the right of people to have decent housing cannot always be directly claimed in court, yet it still holds inherent effectiveness as a constitutional value.

The constitution automatically repeals all existing rules that contradict it. The entire legal system must be interpreted in conformity with the constitution as the supreme norm. Rules must always be interpreted in a manner most consistent with the constitution. When a judge applies the law, they must always apply it in the most constitutionally sound sense possible.

Powers and Independence of the Constitutional Court

The Constitutional Court stands as the supreme interpreter of the constitution, with jurisdiction extending across the entire country. Its actions are independent of all other constitutional organs, though it remains subject to the constitution and laws.

Key Functions of the Constitutional Court

1. Constitutional Control

   This involves controlling laws and regulations to ensure they conform to the constitution. Two primary techniques are employed:

   • Question of Unconstitutionality: Raised by a judge during a proceeding.
   • Appeal Challenging Constitutionality: Filed directly against a law deemed unconstitutional.

   These actions can be initiated by the Prime Minister, the Ombudsman, 50 deputies, 50 senators, and autonomous governments and parliaments.

2. Amparo Appeal

   This appeal protects fundamental rights and can be invoked by the Ombudsman and the public prosecution service.

3. Constitutional Conflicts

   The Court resolves conflicts between constitutional bodies, such as the government, congress, senate, and the council of state/safety (assuming "council of safety" refers to a state council or similar body).

The Dual Nature of the Constitutional Court: Political and Judicial

The Constitutional Court possesses a dual nature, encompassing both political and judicial aspects. While its actions are legal, it is not strictly framed within the traditional judiciary due to the principle of the division of powers. Therefore, it should not be considered a mere referee.

Political Leadership and Regulatory Role

The Court participates in political leadership because its decisions directly affect the fundamental principles and values of the state. This regulatory action within the political system stems from its status as a constitutional body.

While traditional judges rule on legality, the Constitutional Court rules on constitutionality. Both areas are deeply interrelated, as the legal system is intrinsically linked with the constitution. However, in matters of fundamental rights, the Constitutional Court's interpretation shall prevail.

The Constitutional Block: Measuring Constitutionality

To measure the constitutionality of laws, the Constitutional Court primarily uses the Constitution as its parameter. However, this has been augmented by a body of rules known as the constitutional block. This block includes, for example, laws that transfer powers from the state to autonomous communities, as well as harmonization laws. These additional rules help determine whether a law is constitutional or not, forming a comprehensive framework for constitutional review.