The interpretative rulings of the Constitutional Court and their relationship with art. 55.2 of the Organic Law of the Constitutional Court

Authors

  • Carlos Roca Peláez Universidad de Málaga

DOI:

https://doi.org/10.18042/cepc/aijc.27.07

Abstract

The Constitutional Court, as the highest interpreter of the Spanish Constitution, is the only body with the power to declare the unconstitutionality of rules. Through its interpretative rulings, it is possible to save the constitutionality of a legal provision by establishing which is the correct interpretation of the same or which is contrary to the content of the Constitution. Although these types of rulings are used above all in processes of control of the constitutionality of regulations, they are also used in amparo appeals, where, in addition to seeking protection against the violation of fundamental rights or public freedoms, it is possible to declare the unconstitutionality of a rule or legal provision through an amparo process.

Published

2023-06-21