The Constitutional Court, a balance of forty years

Abstract

Abstract:
The provision of constitutional jurisdiction in the 1978 Constitution has been an instrument that has reinforced its status as a legal norm. The undoubted institutional prestige of the Constitutional Court acquired in the first years has been subsequently reduced by political influence on its composition and functioning. The constitutional interpretation forms part of the Theory of the Constitution and the hermeneutical criteria of the employees by the Court have had a notable influence in the ordinary jurisdiction. On the other hand, the objective meaning and the new rules on admission of the appeal for Constitutional rigth’s legal protection (amparo), has allowed the Court to exercise more effectively the judgment on the law of Parliament. On the other hand, its function of guaranteeing fundamental rights can not be conceived outside the European system of multilevel jurisdiction.