The desirable parity composition of the Constitutional Court: A proposal for constitutional reform

Abstract

Abstract:
The progressive loss of prestige and authority of the Constitutional Court is a consequence, among other reasons, of a certainly debatable process of appointment and selection of its judges. Although the main remedies to this situation must come more from the political culture than from legal engineering, it is also true that certain deficiencies simply demand the effective compliance with legal mandates. This is the case with the mandate of «gender balance» that the LO 3/2007 provides for the public authorities and that the Constitutional Court has not taken into account in any of its renewals. A mandate that derives from the need to interpret our constitutional system in terms of parity democracy.