Legislative responses to declarations of unconstitutionality as forms of constitutional dialogue

Authors

  • Roberto Niembro Ortega

Keywords:

Constitutional dialogue, precedents, constitutional doctrine, judicial supremacy, Constitutional Court, deliberative constitutional justice

Abstract

For the theory of constitutional dialogue the judge is a collaborator in the construction of constitutional meaning that although has significant input should not seek to appropriate the meaning of the Constitution. The interpretation of the judge is not the only one, or is irrefutable. In this essay I explore the possibility of legislative responses to constitutional judgments as a way of implementing dialogue in the Spanish constitutional system. I consider that attending to positive law, the legislator is not obliged to follow the constitutional doctrine of the Constitutional Court, so it is possible that it can pass a law equal to the one that was declared unconstitutional, forcing judges to have a second look.

Issue

Section

STUDIES