El voto de calidad del Presidente del Tribunal Constitucional

Authors

  • FERNANDO SANTAOLALLA LÓPEZ

Keywords:

Constitutional organs. Reinforced majorities. Constitutional deadlines. Election by Parliament.

Abstract

After considering the repeated delays in the election of bodies such as the Constitutional Court, General Council of the Judicial Power, Audit Court and Ombudsman, the conclusion is that this outcome is in a large proportion induced by the requirement of a very high parliamentary majority for the renewals. That is the case of a majority of three fifths of the members of each House. This requirement, introduced with the praiseworthy purpose of preventing that the composition of these bodies falls under the exclusive influence of the dominant political party, has determined a failure to comply with the constitutional and legal deadlines for renewals. This is an unacceptable outcome in a State governed by the principle of rule of law and consequently should be amended, softening the majorities required.

Published

2009-04-29

Issue

Section

NOTES