Constitutional Court: a negative legislator, or even a positive one?

Abstract

The courts have been consistently affirmed as politically neutral. The classical division of political power favored it. However, gradually, this situation has come to know a strong impetus for change. The courts acquired an increasing role in the political system in most western countries. After analysis of the nature and evolution of some Constitutional Courts, among others, the Austrian, Italian, Spanish or Portuguese. Proceeds to the distinction, but also the forms of joint concentrated inspection models with diffuse control. For such analyzes the process of establishing the Portuguese Constitutional Court, verifying its competence in legal matters. Finally and in this context, in tension with the principle of separation of powers, verify the existence of decisions that affirm the legislative «character» of a Constitutional Court.