Redefinir el bloque de la constitucionalidad 25 años después

  • Itziar Gómez Fernández Universidad Carlos III de Madrid
DOI: https://doi.org/10.18543/ed-54(1)-2006pp61-98
Keywords: Constitutional Court, Constitutional review, conflict of powers, «Bloque de la Constitucionalidad», «Bloc de constitutionnalité», Constitutional parameters

Abstract

The term «bloque de la constitucionalidad», which refers to a group of laws that have a special constitutional nature, was inspired by the french «bloc de constitutionnalité», and was progressively adopted by the Spanish authors in the eighties, being also eventually adopted by the Constitutional Court as well. Since then, and after more than 25 years of using this term, the evolution of its legal meaning has been considerable. The most simple and widespread definition of the bloque associated the term with a set of constitutional laws that have a special authority, bestowed upon them by the Constitution, which allows them to assign or modify the level of authority of the Autonomous Communities. Since the Spanish Constitution does not directly attribute authority to the Communities, but leaves this task to the intermediary laws which form part of the bloque, their relevance would be indisputable. However, this vision of the bloque has eventually evolved into a different meaning, so that it is now more a procedural term, associated to the examination of the constitutionality of the rest of the laws that the Constitutional Court must undertake.

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Author Biography

Itziar Gómez Fernández, Universidad Carlos III de Madrid
Profesora de Derecho constitucional
Published
2014-05-23
How to Cite
Gómez Fernández, Itziar. 2014. “Redefinir El Bloque De La Constitucionalidad 25 años después”. Estudios De Deusto 54 (1), 61-98. https://doi.org/10.18543/ed-54(1)-2006pp61-98.
Issue
Vol. 54 No. 1 (2006)
Section
Studies

Last update: 08/02/2022

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