Acting Government: The scope of control Comment to Decision of the Constitutional Court 124/2018, of November 14, concerning the conflict between constitutional bodies number 3102-2016 (B.O.E. num. 301, of December 14, 2018).
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Abstract
This article deals with a relevant constitutional issue. The existence of an interim Government in office at the time of the general elections raises the question of whether the activity undertaken by the interim Government is subject to the control and monitoring of the Congress of Deputies and the Senate once constituted. This issue is not directly clarified by the Constitution, as Articles 101.2 and 108 are not at the same level since the former is considered to be a singular rule and the latter a general clause. The ruling of the commented Constitutional Court concluded that if there is any activity of the interim Government, this can be audited.
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This work is licensed under a Creative Commons Attribution 4.0 International License.
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References
González Hernández, E. (2003). Veinticinco años de relación fiduciaria entre las Cortes Generales y el Gobierno. Revista de Derecho Político, 58-59 (2003), pp. 523-525.
Weschler, H. (1959). Toward Neutral Principles of Constitutional Law. Harvard Law Review, 73 (1), pp. 1-35.