THE IDEOLOGY CONSTITUTIONAL OF THE VOWS PARTICULARS TO COURT CAR CONSTITUTIONAL ABOUT THE APPLICATION SUSPENSION OF THE LO 2/2010

Abstract

Th e article challenges the arguments used by the casters of dissenting votes in a decision of the Constitutional Court: Ruling 90/2010, in which the majority rejected the claim that the validity of Organic Law 2/2010 (on the regulation of abortion) remain in abeyance pending resolution of the constitutional appeal brought against it. It is argued that the limits established, by means of clear rules, on a constitutional judge’s action cannot be manipulated by invoking the existence of “gaps” or incomplete regulations, since this would radically alter the relationship between the legislator and the constitutional judge, damaging the balance that the constitutional control of law in a democratic system rests upon.