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3 - The Second Generation

The Case of the Spanish Constitutional Court

Published online by Cambridge University Press:  05 December 2019

Francesco Biagi
Affiliation:
Università di Bologna
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Summary

Chapter 3 deals with the Spanish Constitutional Court. In this second generation of constitutional courts there are fewer unknown factors and more instances of courts in other countries to draw inspiration from, including the Italian Constitutional Court. All this contributed to the establishment and consolidation of constitutional justice. In the period from 1980 to the early 1990s, the Spanish Court dealt with four main issues, concerning the normative value of the constitutional provisions, the preconstitutional legislation, fundamental rights, and the territorial organization of the state. From the very beginning, the constitutional court upheld the normative value of all the provisions of the Constitution, and played an important role in determining whether the preconstitutional laws were in conflict with the provisions of the Constitution laying down fundamental rights and freedoms. Moreover, it succeeded in setting up an effective system of protection of fundamental rights, as well as ensuring a rational functioning of the State of Autonomies. The territorial question represented one of the most complex issues to be addressed, and the outcome of the transition to democracy was largely dependent on this matter.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • The Second Generation
  • Francesco Biagi, Università di Bologna
  • Book: European Constitutional Courts and Transitions to Democracy
  • Online publication: 05 December 2019
  • Chapter DOI: https://doi.org/10.1017/9781108776783.005
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  • The Second Generation
  • Francesco Biagi, Università di Bologna
  • Book: European Constitutional Courts and Transitions to Democracy
  • Online publication: 05 December 2019
  • Chapter DOI: https://doi.org/10.1017/9781108776783.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Second Generation
  • Francesco Biagi, Università di Bologna
  • Book: European Constitutional Courts and Transitions to Democracy
  • Online publication: 05 December 2019
  • Chapter DOI: https://doi.org/10.1017/9781108776783.005
Available formats
×