EXTENSIÓN Y LÍMITES DEL CONTROL POR EL TRIBUNAL CONSTITUCIONAL DE LAS RESOLUCIONES JUDICIALES QUE AFECTEN A LOS DERECHOS FUNDAMENTALES

Abstract

The superposition of the effective judicial protections that the fundamental rights have in the Spanish legal system is a controversial topic in our Public Law. In the effective judicial protections coexistence, the legislator did not articulate the relations between the jurisdictional functions of the Spanish constitutional court and those of the Judicial Branch bodies, in special with the function attributed to the Supreme Court. This insufficient delimitation of functions creates unclear situations which are very negative regarding to the State under the rule of law functioning. It has been the Spanish Constitutional Court which has to establish its own limits, situation that has created sometimes frictions, so it was necessary to find solutions to the problems originated by the mutual relations between the Spanish Constitutional Court and the Judicial Branch bodies.