Leyes singulares, tutela judicial efectiva y recepción de la doctrina Boxus por el Tribunal Constitucional español

Authors

  • René Javier Santamaría Arinas

Keywords:

Sources of law, separation of powers, singular law, right to a fair trial, Boxus case

Abstract

According to the liberal point of view, in the system of law sources rules are typically general and abstract. It is in each judgment that the law adopts the singularity that each specific case requires. Thus, the controversy derived  from the possibility of resourcing to ius singulare as it can undermine foundations of the Rule of Law such as the requirement of the separation of powers or essential safeguards as due process. This paper reviews and updates the status of this question in the light of the recent cases of both the Court of Justice of the European Union (Boxus case) and the Spanish Courts (ATS of 2012 January 18 and SSTC 129/2013, 4th of June, 142/2013, 11th of July and 203/2013, 5th of december). It also underlines that these rulings open new approaches to this old problem. 

Issue

Section

CASE LAW