Powers
The Constitutional Court acts as the guarantor of constitutional supremacy. Its mission is to ensure that no law, decree, or action by public authorities infringes the provisions of the Constitution. The Court not only reviews legislation but also balances the powers of the State and ensures that the Constitution is effectively applied both in political life and in the courts of justice.
Its powers may be grouped into three main pillars:
01.
Review of Laws and Other Legal Provisions (Constitutional Review). This is perhaps its best-known function. The Court reviews various legal provisions to ensure that they conform to the Constitution.
This review takes place in two stages:
Preventive
Before a provision becomes law. The Court reviews bills, constitutional amendments, and international treaties while they are under consideration in Congress. In some cases, such as constitutional organic laws (leyes orgánicas constitucionales), this review is mandatory.
Subsequent
Once the provision is already in force. This includes the review of laws, decrees having the force of law, supreme decrees, and rules of court (Autos Acordados) issued by the Supreme Court.
Within the framework of subsequent review, actions directed against laws currently in force are particularly significant (Inapplicability and Unconstitutionality). The Court has a fundamental mechanism for controlling the application of laws and their validity within the constitutional order.
Inapplicability
If a person or a judge considers that applying a law in a specific case would be contrary to the Constitution, the Court may declare that provision inapplicable only in that particular case.
Declaration of Unconstitutionality
If a provision has previously been declared inapplicable, the Court has the authority to go a step further and declare it unconstitutional, thereby removing it permanently from the legal system.
02.
Arbiter of Conflicts of Power (Jurisdictional Disputes).
The Court acts as an impartial arbiter when disputes arise regarding which authority has the power to act. It resolves “jurisdictional disputes” that occur between political or administrative authorities and the courts of justice.
03.
Oversight of Institutional Order and Democracy.
Finally, the Court has key powers relating to institutional stability and political actors:
Authorities
It rules on disqualifications, incompatibilities, or resignations of high-ranking officials, such as Ministers of State and members of the National Congress.
Protection of Democracy
It has the power to declare unconstitutional organisations, movements, or political parties that act against the democratic order.
Plebiscites
It reviews the constitutionality of calls for national plebiscites.
To see the detailed powers
Read article 93 of the Political Constitution of the Republic