State of the autonomous communities and constitutional resilience. The singularities of art. 155 CE and the experience of its control

Authors

  • Francisco Caamaño Universidad de A Coruña

DOI:

https://doi.org/10.18042/cepc/redc.120.10

Abstract

This work examines the nature of the exceptional power of intervention regulated in art. 155 of the Spanish Constitution from the perspective of its control. To do this, a distinction is made between the coercive power of a federal state and that established in the Spanish Constitution. Starting from the consideration that political control is also a constitutional control, the essentially political character of this exceptional power of intervention is defended, and, therefore, the need for its jurisdictional control to be the minimum necessary. In this way, it is maintained that the Constitutional Court must limit its jurisdiction to establish the necessity and concurrence of the determining fact and the constitutionality of the approved measures, without examining the necessity or the proportionality of the same.

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Published

2020-12-21

How to Cite

Caamaño, F. (2020). State of the autonomous communities and constitutional resilience. The singularities of art. 155 CE and the experience of its control. Revista Española De Derecho Constitucional, (120), 289–312. https://doi.org/10.18042/cepc/redc.120.10