The primacy clause in the Spanish constitution: A contribution to the debate

Josu De Miguel Bárcena

Research output: Chapter in BookChapterResearchpeer-review

Abstract

© 2013 Springer-Verlag Berlin Heidelberg. All rights are reserved. Article 149.3 of the Spanish Constitution contains a clause establishing the primacy of State law over regional law. Over the past 30 years, both in theory and in the case law of the Constitutional Court (hereinafter: CC), the validity of this clause has been discussed, basically because the application of this principle is better suited to a composite federal State than to a decentralized regional State such as Spain.
Original languageEnglish
Title of host publicationThe Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain
Pages669-678
Number of pages9
Volume2
DOIs
Publication statusPublished - 1 Nov 2013

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