Tribunal Constitucional y legalidad ordinaria

Resum

The main point of conflict between the Constitutional Court and the Common Courts is caused by the resolution of appeals on the grounds of unconstitutionality, marked by the guiding role that the Constitutional Court carries out on the Common Courts with regard to the authorised interpretation of the norms with respect to the Constitution, especially in relation to excessively formal criteria. However, there is a special resistance by the Common Courts to follow the doctrine of the Constitutional Court when they consider that constitutional justice encroaches into areas of responsibility in which it has no part, by entering into interpretation of common legality. In reality, a tendency can be seen in some resolutions of the Constitutional Courts to judge the judges, which at the time of outlining constitutional functions assigned to the Constitutional Court and the Supreme Court has caused problems.