Three examples of the erosion of legality by rulings of the Constitutional Court

Abstract

This text shows three examples of the erosion of legality caused by decisions of the Spanish Constitutional Court in which the Court departs from its attributed function of declaring the meaning of the constitutional text through legal reasoning and enters the legislator’s field, either by manipulating a legal provision, or by telling the legislator what to do or, finally, by preventing it from continuing the process of debate and, where appropriate, approval of a legislative initiative.