스페인 헌법재판제도에 관한 소고

Abstract

In the comparative legal review of the Constitutional Court, which has been discussed mainly in Germany and Austria, I would like to examine the constitutional trial system of Spain, which has not been discussed in depth. In Spain, a democratic government was established in the 1930s, but the Franco military regime was in power for a long term until 1975 as the civil war broke out due to the ideological confrontation. After Franco's death, the long-term dictatorship was over. In 1978, the democratic constitution was enacted and the right to conscientious objection to military service was enacted in the Constitution. The Supreme Court's review of the Constitutional Court appears to be based on the recognition of the Constitution's wish for the trial. The review of the Constitutional Court will examine how the Supreme Court exercises its jurisdiction and harmonize the judicial review of the Constitutional Court. In relation to the regional autonomy which is widely recognized in Spain, the ruling of the Spanish Constitutional Court on the deprivation of autonomy under Article 155 of the Spanish Constitution in relation to the separate decentralization and separation and independence of Catalonia is examined.