La relación entre el Legislador y el Tribunal Constitucional: una panorámica sobre el control y la cooperación a desarrollar

Abstract

The Spanish Constitution of 1978 incorporated the constitutional jurisdiction as a logical consequence of the evolution of the Democratic State of Law, to whose model it will incorporate us (Article 1.1). And, in the constitutional State, all the powers of the State, including the Legislator, are linked to the Constitution in its capacity as a Right of direct application. It is the task of the Legislator and its ultimate control body, the Constitutional Court, endowed both with democratic legitimacy, to keep, maintain and develop the Constitution in a cooperative manner, and as a common task, firm ground that they must not abandon. The structural relationship between both bodies is sometimes problematic, and of true political-constitutional scope. Given such a situation, the unwavering aspiration must be the balance that, by nature, will be unstable.