The Spanish Constitution in its comparative context. A reading through comparative quotes from the Spanish constituents and other constitutions that were influenced by them

Abstract

The article analyzes an example of subsidiary function of legal comparison – supporting the legislation – through the example of the Spanish Constitution’s origin and constitutional amendments in Brazil, Argentina and Italy. It demonstrates, through the study of the preparatory debates and quotations found there, that in the Spanish Constitution there were many and important imitations for prestige from different constitutional experiences, and that the constituent Cortes took into consideration not only the Constitutions, but also doctrine and case law by Constitutional Courts of various countries. The result is that, nowadays, Spain can be considered a constitutional model in America and Europe.