Constitutional Courts: Protectors or Danger for the Rule of Law? Spain as Case Study.

The article examines the role of constitutional courts in upholding or undermining the rule of law, using Spain as a case study. It traces the conceptual evolution of the rule of law (Estado de Derecho/Rechtsstaat) in Spanish legal history, highlighting debates during Franco's autocratic regime and the establishment of the 1978 Constitution, which defines Spain as a "social and democratic State, subject to the rule of law." The analysis focuses on the independence of judges, particularly the Constitutional Court justices, revealing significant gaps in legal safeguards compared to ordinary judges. The author documents how many Constitutional Court members have prior or subsequent political affiliations, appointments, or private sector roles linked to political parties, raising concerns about impartiality and "revolving door" practices. The article concludes by calling for stricter statutory guarantees to ensure the genuine independence of constitutional justices, arguing that without such safeguards, claims of Spain's full adherence to the rule of law are questionable.