The special constitutional relevance as a conversational tool between the Spanish Constitutional Court and the European Court of Human Rights

被引:0
|
作者
Jimenez, Argelia queralt [1 ,2 ]
机构
[1] Univ Barcelona, Derecho Constituc, Barcelona, Spain
[2] Tribunal Constituc, Barcelona, Spain
来源
关键词
Special constitutional relevance; multilevel constitutionalism; dialogue between courts; fundamental rights; Constitutional Court; European Court of Human Rights;
D O I
暂无
中图分类号
D0 [政治学、政治理论];
学科分类号
0302 ; 030201 ;
摘要
The special constitutional relevance is a critic dialogical instrument from the perspective of multilevel constitutionalism and, especially, is a privileged conversational element between the Spanish Constitutional Court and the European Court of Human Rights. The need to adapt the constitutional jurisprudence of the Spanish Constitutional Court to the case law of the European Court of Human Rights as a cause of special constitutional relevance institutionalizes a practice already followed by the Constitutional Court by virtue of art 10.2 of the Spanish Constitution. Now, in addition, two further aspects are incorporated: a principle of collaboration between the appellants in amparo and the Court in the detection of new developments in the international systems, and the reinforcement of the Constitutional Court as a principal mean for channeling the European jurisprudence to ordinary justice.
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页数:40
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