Blog of the International Journal of Constitutional Law

Tag: Spanish Constitution

  • The Major Questions Doctrine and the Principle of Legal Reserve: A Comparison between the U.S. and Spain

    –José Ignacio Hernández G., Invited professor, Castilla-La Mancha University (Spain); Researcher, Coruña University (Spain)[1] In memory of Eduardo García de Enterría, on the centennial of his birth The modern Administrative State in the United States has sparked a debate about its constitutionality, particularly in terms of adhering to the original meaning of the Constitution.

  • Spanish Supreme Court Bringing UN Treaty Bodies One Step Closer to International Courts?

    —Viljam Engström, Åbo Akademi University, Finland As we have recently learned from Koldo Casla at EJIL:Talk! and elsewhere, the Spanish Supreme Court affirmed in July this year that the views expressed by UN Human Rights Treaty Bodies, in this case the Committee on the Elimination of Discrimination Against Women (CEDAW), in individual complaints are binding on the state and that the state must comply with the decision of the Committee.

  • The Scope and Limits of the European Arrest Warrant: The Case of Catalan Exiles

    [Editor’s Note: We welcome comments in response to this post, as we do to all posts. Please contact Richard Albert and David Landau by email to submit a response for publication consideration.] —Antoni Abat i Ninet, Professor Constitutional Law, Faculty of Law – University of Copenhagen and Joan Queralt Jiménez, Professor of Criminal Law, Faculty of Law – University of Barcelona Sixteen Catalan representatives and the leaders of two grassroots associations are currently facing severe criminal charges in Spain for organising and celebrating a referendum of self-determination of 1 October 2017.

  • Hong Kong’s Unique “Co-Location” Arrangement

    —Dr. P. Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Faculty of Law, The University of Hong Kong As Spain contemplates resuming direct rule over Catalonia, an autonomous region of Spain, by invoking the nuclear provision of Article 155 of the Spanish Constitution in October 2017, [1] at the other side of the Globe, Hong Kong, a Special Administrative Region of China, contemplates petitioning the Chinese Central Authorities for a grant of power to enable it to enact legislation to regard one part of Hong Kong as outside Hong Kong’s territory and jurisdiction, so that a simultaneous decision of the Chinese Central Authorities would authorize the stationing of Chinese officers and sanction the application of Chinese laws and jurisdiction to the same part of Hong Kong.

  • Video Interview: Developments in Spanish Constitutional Law Featuring Benito Alaez Corral

    —Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Benito Aláez Corral on developments in Spanish constitutional law. In the interview, we explore the constitutional implications of secession, the tension between realizing the promise of socio-economic rights and the increasing financial pressures on the state, the role of Parliament in addressing these and other challenges in Spain, as well as the viability of formal constitutional amendment under the Spanish Constitution.