It is necessary to harmonize the normative stability of the Spanish Constitution with the circumstantiality of social life. Consequently, this Constitution establishes a temporary mandate for the positions of the constitutional bodies: the members of the Constitutional Court exercise their function for a period of nine years, while the members of the Spanish General Council of the Judiciary do so for five, unlike parliamentary legislatures, whose duration does not exceed four years. Spanish Constitutional jurisdiction, given its inherent interpretative dimension, is not alien to the historicity of law, just like ordinary jurisdictions. In this sense, the Spanish Constitutional Court has established doctrine regarding equality in the application of the law by judicial bodies. However, this same Court has expressed such historicity on the occasion of the so-called progressive evolutionary interpretations of the constitutional text.

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Constitutional Jurisdiction and Historicity of Law

  • Andrés Ollero

摘要

It is necessary to harmonize the normative stability of the Spanish Constitution with the circumstantiality of social life. Consequently, this Constitution establishes a temporary mandate for the positions of the constitutional bodies: the members of the Constitutional Court exercise their function for a period of nine years, while the members of the Spanish General Council of the Judiciary do so for five, unlike parliamentary legislatures, whose duration does not exceed four years. Spanish Constitutional jurisdiction, given its inherent interpretative dimension, is not alien to the historicity of law, just like ordinary jurisdictions. In this sense, the Spanish Constitutional Court has established doctrine regarding equality in the application of the law by judicial bodies. However, this same Court has expressed such historicity on the occasion of the so-called progressive evolutionary interpretations of the constitutional text.