The Veto to the Legislative Overruling of the Constitutional Court Judgments in the Context of the Spanish Constitutional Legal Order

Abstract

This paper analayses an extremely important question for the constitutional theory: there is a veto to the legislative overruling of the spanish Constitutional Court judgments? The existence of this veto is defended. With this purpose the framework in which the issue is inserted is analyzed. Firstly, the premise on which any attempt to answer the question should start: the supremacy of the Spanish Constitution. Subsequently, the bases on which the veto to the legislative overruling is based are treated: the Spanish constitutional justice system and the erga omnes effect of the Constitutional Court rulings. After that, the framework of the veto is analyzed, clarifying its extension and limits. Finally, the realization of the veto is briefly addressed: the possible existence of instruments that can ensure the veto, and specifically the incident of execution of sentences like a proper mechanism to this purpose.