Constitutional Justice: Court Structure, Powers, and Evolution

Understanding Constitutional Justice and the Constitutional Court

Risks in Constitutional Justice

• Ambiguity of Text: Leads to hypertrophy of the Constitutional Court's action.
• Lack of Systematic Adherence: Political forces and public authorities do not systematically adhere to the Constitutional Court's decisions.
• Court's Self-Restraint: The Constitutional Court must exercise self-restraint to avoid being drawn into the arena of political forces.

Membership and Status of the Constitutional Court

Members of the Constitutional Court are elected from among jurists of recognized prestige, with more than 15 years in the exercise of their profession. While the King formally appoints, members are nominated by various bodies: four by the Congress, four by the Senate, two by the Government, and two by the General Council of the Judicial Power. Regarding proposals, the elected parliament requires a 3/5 majority for election.

Members are renewed in thirds every three years. Immediate re-election is prohibited. The term of office is nine years, with one-third of members changing every three years.

Constitutional Court members have certain incompatibilities similar to those of judges. While judges may not belong to political parties or trade unions, Constitutional Court members may hold certain party positions, but they cannot have executive functions. Like judges, they are irremovable and cannot be dismissed from their post. Constitutional Court members enjoy inviolability in the exercise of their functions. Another feature of their status is special jurisdiction in criminal cases.

The Constitutionalist Movement and Constitutional Evolution

The constitutional movement originates from the French Revolution. It posited that written rules were key factors for societal progress. This movement had a character with a tendency towards universality.

Concept of Constitution and Political System

The concept of a constitution is identified with the formation of a political structure. It has a political origin and progressively develops a legal sense. All politics must be stipulated by law. The constitution gains legal content, both subjective and objective.

There is a relationship between specific constitutional and political arrangements, but this relationship is not total or extensive. Some countries have changed their political origin without altering their constitution.