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Constitutional Court of Spain : ウィキペディア英語版 | Constitutional Court of Spain
The Constitutional Court of Spain ((スペイン語:Tribunal Constitucional de España)) is the highest body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is defined in Part IX (i.e. sections 159 through 165) of the Constitution of Spain, and further governed by Organic Laws 2/1979 (aka Law of the Constitutional Court of October 3, 1979), 8/1984, 4/1985, 6/1988, 7/1999 and 1/2000. The court is the "supreme interpreter"〔 of the Constitution, but since the court is not a part of the Spanish Judiciary,〔 the Supreme Court is the highest court for all judicial matters.〔§ 123, clause 1, Spanish Constitution of 1978〕 ==Powers== The Constitutional Court is authorized to rule on the constitutionality of laws, acts, or regulations set forth by the national or the regional parliaments. It also may rule on the constitutionality of international treaties before they are ratified, if requested to do so by the government, the Congress of Deputies, or the Senate. The Constitution further declares that individual citizens may appeal to the Constitutional Court for protection against governmental acts that violate their "fundamental rights or freedoms".〔 Only individuals directly affected can make this appeal, called a ''recursos de amparo'', and they can do this only after exhausting judicial appeals. Public officials, specifically "the President of the Government, the Defender of the People, fifty Members of Congress, fifty Senators, the Executive body of a Self-governing Community and, where applicable, its Assembly",〔§ 162, clause 1a, Spanish Constitution of 1978〕 may also request that the court determine the constitutionality of a law. The General Electoral Law of June 1985 additionally allows appeals to this court in cases where electoral boards exclude candidates from the ballot.〔 In addition, this court has the power to preview the constitutionality of texts delineating statutes of autonomy and to settle conflicts of jurisdiction between the central and the autonomous community governments, or between the governments of two or more autonomous communities. Because many of the constitutional provisions pertaining to autonomy questions are ambiguous and sometimes contradictory, this court could play a critical role in Spain's political and social development.〔 The decisions of the Constitutional Court cannot be appealed by anyone.〔〔§ 164, clause 1, Spanish Constitution of 1978〕
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