Comparative Law as an Argument in the Decisions of Spanish Constitutional Court

Authors

  • Pedro Tenorio Universidad Nacional de Educación a Distancia

DOI:

https://doi.org/10.18042/cepc/redc.108.09

Keywords:

Legal argument, Comparative law, jurisprudence, effective equality, legal reasoning, conscientious objection, parity, ratio decidendi, judgements, Constitutional Court

Abstract

The paper revises the use of comparative law by the Spanish Constitutional Court from early resolutions dating back to August 1980 until today. Although the Court employs it more than it recognises, the Court quotes comparative law in about fifty resolutions, most of them relating to difficult, highly contentious issues in which it is intended to reinforce the criterion of national law with that of consolidated democracies. Specially relevant in this respect is STC 12/2008 of 29 January, in which the Court said that the Spanish Constitution is its unique canon of constitutionality. However, in the judgment itself and on other subsequent occasions, the Court raises sometimes very important considerations of comparative law.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES