Role and Importance of Constitutional Court in Protecting Rights in Spanish Proceedings - , Resúmenes de Derecho Constitucional

¡Descarga Role and Importance of Constitutional Court in Protecting Rights in Spanish Proceedings - y más Resúmenes en PDF de Derecho Constitucional solo en Docsity! Active legitimization in constitutional proceedings: According to the introduction, I agree that it was necessary to establish a Constitution after the death of General Franco, according to the idea of democratically state. It’s essential the fact that the Constitution is the supreme law and it can’t be modified by the same procedures that the ordinary laws are modified by. Also, it’s important to mention the article 9.1, which said: “The citizens and the public powers shall be subject to the Constitution and the rest of the legal system”. Personally speaking, it’s fundamental that all the citizens are equal under the law, also, the people in power. And, talking about the Constitutional Court, it’s a very necessary structure, because it’s essential to eliminate those laws which are against the Constitution. The second point refers to this importance of the Constitutional Court. It said that the jurisprudence of the Constitutional Court is as important as the law and the Constitution, because, this Court is the one who judge the laws and says if they are against or not the Constitution, that’s why its decisions are really important: they could change the legal system. The point number three explains who are the ones that can appeal to the Constitutional Court. These ones are: individuals (I regard it’s very important that anyone who think that a law violate at least one of the fundamental rights, could come up to the Constitutional Court, for example, through the “recurso de amparo”. But, the Constitutional Court rejects the majority of this “recursos”), political agents (they use the Constitutional Court for finding a solution to some problems, which are: appeal for legal protection, positive disputes of competence and unconstitutionally appeals. The first and the last ones are focused on guarantee the rights of the citizens, while, the second one, is focused on solve the disputes between the State and the AA.CC, because sometimes it’s not clear which one has to regulate a subject) and, finally, Courts (along with judges, they must apply and interpret the Constitution, so, if they considered that one law is unconstitutional, they should appeal to the Constitutional Court). I totally agree that these three ones could appeal the Constitutional Court, because they are submitted by the law and the Constitution, and they shouldn’t follow a rule which violate their fundamental rights, so, they can solve this problem through the Constitutional Court. 1