La cláusula de prevalencia del Derecho estatal y la colisión entre jurisdicciones

Authors

  • Miguel Ángel Ruiz López

Keywords:

Invalidity of the law, prevalence of state law, unconstitutionality exception, constitutional jurisdiction

Abstract

The invalidity of the laws can only be declared by the Constitutional Court, but when the judge appreciates a contradiction between state law and regional law should have the option not to apply this latter in matters of autonomous communities non-exclusive powers, in line with the role of the judge in the constitutional state, the growth of the principle of interpretation of the laws in harmony with the Constitution, the impact of Community law and the prevalence of state law clause. This study explores the question regarding the scientific doctrine and also the Constitutional and Supreme Court case law, calling for a desirable coordination among constitutional and ordinary jurisdictions.