The delay in the election of judges of the Constitutional Court. A prospective solution

Abstract

The delay in the election of judges of the Constitutional Court threatens to become one of the main problems of the composition of the specialized bodies of constitutional jurisdiction. It is not just a formal breach of terms that can trivialized, but we are in the presence of a more serious problem that shows the strategic behavior of political forces to influence the composition of the supreme interpreter of the Constitution. This interferes with the ordinary functions of the Court and does not put the constitutional judge in the best position to exercise their delicate institutional roles. This paper presents some initial observations of the delay in the election of constitutional judges in Spain and introduces a proposal to avoid the problem. Published online: 02 December 2014

Keywords

• derecho constitucional
• tribunal constitucional
• juez constitucional
• designación de magistrados constitucionales
• retraso en la elección de magistrados constitucionales