Reflexionando sobre el Tribunal Constitucional Español

Abstract

The text is divided into three blocks: a) the Constitutional Court as set out in the Constitution and Organic Law 2/1979, of October 3; b) its main reforms based on Organic Law 6/2007, of May 24; and c) the critical analysis of the different proposals for change, arising in the debates on the subject of an eventual constitutional reform. However, it is worth wondering whether the abolition of the Constitutional Court would be desirable in a future constitutional reform? To which we must respond: flatly no. The role of the Constitutional Court, as a guarantee of the Constitution, makes it a key piece of our Rule of Law, for which its maintenance should not be questioned. This does not mean that the debate on the Constitutional Court is open. Reality teaches us that, if the announced reform of the Constitution takes place, the regulation of the Court will not be left aside. Therefore, it is indicated that we know how to take advantage of this second opportunity that history gives us, both to restore the battered public image of the Constitutional Court, and to consolidate its role as that bastion of the Rule of Law that, with greater or lesser fortune, has always tried being.