From A Neutral Power to An Active One? Analysing The Effective but Inconvenient Strengthen of The Constitutional Court’s Enforcement Powers

Abstract

The debate about the extension of the Spanish Constitutional Court’s enforcement powers is far from being concluded after four years. Granting this powers to constitutional courts in an exceptional choice. The constitutional theory, as well as the comparative constitutional experience, particularly The United States of America, Austria, Germany, offer examples of different ways to cope with public authorities’ reluctance to the enforcement of the highest courts’ decisions, highlighting the exceptional character of granting these powers to constitutional courts.