Suspension of statutes and appeal of unconstitutionality

Authors

  • Simón Yarza Fernando Universidad de Navarra

DOI:

https://doi.org/10.18042/cepc/redc.129.03

Abstract

The recent institutional crises in Spain and other countries have once again brought to the forefront the discussion on the advisability of recognizing the power to suspend, in exceptional circumstances, the enforceability of a statute. This mechanism is well known in other systems of concentrated control of constitutionality and, in certain circumstances, it can become essential for the effectiveness of constitutional justice. Far from the pressures of the above-mentioned crises, the author carries out a calm reflection on the subject. First of all, he analyzes the situation currently in force in Spain (II). Next, he reviews the closest models of comparative law (III): the German and, more briefly, the Italian system. Finally, he develops some prospective considerations for Spain (IV), and closes the article with a succinct conclusion (V).

Published

2023-12-18