The presumption of constitutionality in the judicial review of l egislation in Spain. A panoramic and jurisprudential approach

Abstract

The debate between representative democracy and constitutional judicial control over the constitutionality of laws is worldwide. However, the level of intensity and attention to it varies according to many elements. Among these would be the conception and nature of the judicial review of legislation, and even the academic and historical tradition of Constitutional Law as a whole. For example, in countries such as Spain, with a strong and deep-rooted doctrine on the constitutional judicial control over the constitutionality of laws within the framework of a strong representative democracy, it is rational to think of a moderate level of control, conditioned by essential principles such as the presumption of constitutionality. It should be noted that this principle is so essential that it does not even imply such a wide interest in its study and dissemination, considering something as elementary as obvious in the mechanism of constitutional judicial control over the constitutionality of laws. For this reason, it is precisely necessary to address and review its use, its consideration and, of course, its scope. This research would respond to the first part of this need.