Understanding the Role of the Constitutional Court

T-8 - Concept and Legal

Article 1.1 of the OLCC

"The TC, as the supreme interpreter of the EC, is independent of other constitutional bodies and subordinate only to the Constitution and this Charter. It can be conceptualized as the "highest court" in charge of the defense and interpretation of the Constitution.

Essential Notes

A) The Body as Supreme Court

The TC is the supreme court, in its role as institutional status with respect to the other branches of government. Considering its objective function, we emphasize that its mission is to defend and ensure the supremacy of the Constitution in our legal system. It is the first law that must be fulfilled by all subjects of law, as stated in Article CE 9.1: "The citizens and public authorities are bound by the Constitution and the rest of the system."

B) The Court as a Court

Even though it is located "outside the judiciary" and not governed by the provisions of the Judicial Power, the TC is a real court because it embodies the two essential notes defining bodies: judicial independence and exclusive authority of res judicata.

C) The Special Appeal as TC

The TC is the guardian of the EC, which means that all its many functions are summarized in one: to ensure the effective implementation of the Constitution in particular cases, ensuring uniform interpretation.

Functions of the Court

The TC acts through the exercise of governmental and judicial functions, which are peculiar.

a) Governmental

The Board exercises the Government and the House of Government. It belongs to the House to adopt the draft budget of the Court for incorporation into the State General Budget and to set the template for the Tribunal.

b) Jurisdictional

Acts as a full court, in chambers, or in sections.

- Functions:

The TC, while a court, carries each and every one of the functions of the Court, i.e., the generic final and binding resolution by the application of the Constitution to the special conflicts raised before it, and specific functions consistent with the protection of subjective rights (fundamental), control (constitutional) legislative, and the judicial creation of law or supplementing the legal system.