El derecho comparado como argumento de las decisiones del tribunal constitucional Español

Abstract

The paper revises the use of comparative law by the Spanish Constitutional Court from early resolutions dating back to August 1980 until today. Although the Court employs it more than it recognises, the Court quotes comparative law in about fifty resolutions, most of them relating to difficult, highly contentious issues in which it is intended to reinforce the criterion of national law with that of consolidated democracies. Specially relevant in this respect is STC 12/2008 of 29 January, in which the Court said that the Spanish Constitution is its unique canon of constitutionality. However, in the judgment itself and on other subsequent occasions, the Court raises sometimes very important considerations of comparative law.