Spanish Constitutional Court

The Constitutional Court of Spain (Spanish: Tribunal Constitucional de España) is the highest body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is defined in (i.e. sections 159 through 165) of the Constitution of Spain, and further governed by Organic Laws 2/1979 (a.k.a. Law of the Constitutional Court of October 3, 1979), 8/1984, 4/1985, 6/1988, 7/1999 and 1/2000. The court is the "supreme interpreter" of the Constitution, but since the court is not a part of the Spanish Judiciary, the Supreme Court is the highest court for all judicial matters.

The Constitutional Court is authorized to rule on the constitutionality of laws, acts, or regulations set forth by the national or the regional parliaments. It also may rule on the constitutionality of international treaties before they are ratified, if requested to do so by the Government, the Congress of Deputies, or the Senate. The Constitution further declares that individual citizens may appeal to the Constitutional Court for protection against governmental acts that violate their "fundamental rights or freedoms". Only individuals directly affected can make this appeal, called a recurso de amparo, and they can do this only after exhausting judicial appeals. Public officials, specifically "the President of the Government, the Defender of the People, fifty Members of Congress, fifty Senators, the Executive body of an Autonomous Community and, where applicable, its Assembly", may also request that the court determine the constitutionality of a law. The General Electoral Law of June 1985 additionally allows appeals to this court in cases where electoral boards exclude candidates from the ballot.

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