El derecho de emergencia constitucional en españa: hacia una nueva taxonomía

Abstract

constitutional normality consists of the regular and general application of a series of pre-established legal rules, with the objective of achieving the peaceful coexistence of citizens. However, there are extraordinary danger situations in which some ordinary rules may not be enforced, in order to restore political-constitutional normality. Although it is impossible to anticipate all the anomalous circumstances likely to occur, it is in the interests of legal security that at least the most common threats should be foreseen. This is what the majority of Spanish doctrine agrees to call a state of exception or exception right, understood in a broad sense. This work rejects the latter terminological conception, and this under a new taxonomic proposal applicable to the field of constitutional abnormality. On the basis of the differentiation between situations of regulated and non-regulated constitutional emergency, we defend the true legal exception is manifested when, in the absence of applicable regulation in case of a specific threat, the state reaction finds no other limits than the respect for the principle of proportionality in the defense of democratic legal values. It is the latter, in fact, which makes it impossible to confirm the total suspension of the Law in the face of a non-regulated exceptional circumstance, all these legal premises belonging to what we understand to be constitutional emergency law.