Relationship between Constitutional Court and Supreme Court. Self-restraint of the Constitutional Court

被引:0
|
作者
Tenorio Sanchez, Pedro [1 ]
机构
[1] Univ Nacl Educ Distancia, Derecho Constituc, Madrid, Spain
来源
关键词
Constitutional Court; Supreme Court; conflicts; self restraint; ordinary legality; constitutionality; normative force; amparo appeal;
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
This paper studies the Constitutional Court's manifestations of self-restraint, that is, those areas in which, within the margin granted by the Constitution and the law, the Court has shown deference to the actions of the judicial bodies, seeking to draw the perimeter that is proper to its actions. There are some cases in which, if we speak of self-restraint, it would be in an improper sense because deference to the ordinary jurisdiction is a normative requirement of the Constitutional Court Act (LOTC). In other areas, which we could call self-restraint proper, the self-limitation is expressed in constructions of the Constitutional Court itself, without prejudice to the fact that they are ultimately anchored in the position that the Constitution reserves for the Constitutional Court, the ordinary jurisdiction, and the Supreme Court.
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页码:291 / 324
页数:34
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