Constitutional justice in Spain: Appeals to the Spanish Constitutional Court

Abstract

The defense of the Constitution as supreme law of the legal system is the main function that the different systems of constitutional justice entrust to the constitutional courts. However, these courts have a number of challenges that must be taken into account if you want to articulate a proper system of constitutional justice. We address these challenges by referring to the legal situation in Spain. In order to achieve this, we will expose the main challenges of the Spanish constitutional system of justice: the workload of the Constitutional Court, overcoming the confrontation with the Supreme Court and establishing a system of selection of judges that tends to exclude the politicization of the Court.

Key words: Constitutional Court, selection of cases, selection of judges, Constitutional Justice, Spain.