The unconstitutionality resource and the success of political minorities in Spain: Myth or Reality?

Authors

  • Lina Marcela Escobar Martínez Universidad Pontificia Javeriana

Abstract

The present article analyzes the case of political minorities and majorities in the democratic Spanish history during the 1977 – 2004 periods when last elections were held. It was determined who constituted the majority political parties in each case and to what extent minorities have made use of the unconstitutionality resource. On the other hand it is also analyzed the behaviour of the Spanish Constitutional Court at solving the resources interposed by the different legitimate actors, establishing the modalities ruled and the existence of any ruling pattern according to the actor interposing the resource.

During the research process electoral results and pronunciations solving the unconstitutional resources were compiled from 1978 to 2004. The analytical method was used for the elaboration of the juridical files and we can assure that the success of political minorities in Spain concerning the unconstitutional resource is more qualitative tan quantitative. In this case it is more a myth than reality.

Author Biography

Lina Marcela Escobar Martínez, Universidad Pontificia Javeriana

Abogada de la Universidad Pontificia Bolivariana; Magíster en Derecho Público
de la Universidad Externado de Colombia; Magíster en Derecho Constitucional yParlamentario de la Universidad Complutense de Madrid; Doctora en Derecho de
la Universidad del País Vasco

Issue

Section

Research Articles