The role of the Constitutional Tribunal in Spanish politics (1980-1995)

Heidi Ly Beirich, Purdue University

Abstract

In 1980, a Constitutional Tribunal was established in Spain. Its ability to exercise the power of constitutional review greatly increased the strength of the judicial branch in the Spanish political system. This dissertation examines how the addition of this body to the political architecture affected the overall distribution of power in the Spanish democratic system. As part of this study, a detailed analysis is made as well of an often overlooked theoretical issue—the relationship between powerful high courts and the ability of third wave democracies to uphold the supremacy of the constitution. Court decisions affecting the powers of five different governmental institutions are considered: the military, the police, the parliament, the judiciary and the autonomous communities. The general conclusions of this research are that the Constitutional Tribunal has been essential to establishing a state of law in Spain, especially in regards to the protection of citizens' constitutional rights. The existence of the Constitutional Tribunal has been indispensable in implementing the post-transition legal regime because government institutions—the military especially—have been reluctant to cede unconstitutional powers that they held prior to, or were given during, the transition to democracy. Through the tribunal's decisions, the subordination of the military to civilian jurisdiction has been finalized. In addition, the antiterrorist campaign has been made to comply with human rights requirements. Furthermore, the parliament has been compelled to subordinate itself to the constitution, thereby ceding its supremacy to a higher law. Court decisions have also altered the Spanish judicial system so that magistrates' sentences comply with the constitution and no longer defer to the other branches of government, thereby ameliorating a common problem found in post-authoritarian civil law systems. Finally, the court has played a central role in instituting the new federal autonomous community system. As a result, the cases adjudicated by the Constitutional Tribunal have greatly improved the quality of Spanish democracy. Moreover, the Spanish Constitutional Tribunal's role in Spanish democratization provides a powerful example of the importance of judicial reform, especially the institution of judicial review, to ensuring the rule of law in countries that have recently democratized.

Degree

Ph.D.

Advisors

Woods, Purdue University.

Subject Area

Political science|Law|European history

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