In search of the lost prevalence

Abstract

The Spanish Constitutional Court has barely applied the principle of the State law taking precedence over the Law of the Autonomous Communities. Therefore, the High Court has missed out the potential of this principle. This behaviour has had unfortunate consequences, which are to be seen in the most recent constitutional case law, whose best example is the Judgment 66/2011. This Judgment limits the capacity of the Legislative power to efectively impose reforms. In this paper the author states the need and significance of the principle of the State law taking precedence over autonomous law, as well as its legal foundation. He also argues that this principle should be re-established in its whole dimension and effectivity. Finally, the author analyses the function, scope and effects of the aforementioned principle according to the type of conflict it tries to solve.