The Impartiality of a Constitutional Court Judge - or else, Biased Judge a lá Spain

Vol.16,No.1(2008)

Abstract
This article deals with the problems related to the consideration of bias of Constitutional Court judges, which was demonstrated in one current decision of the Spanish Constitutional Court. The Court ruled on the exclusion of its president and vice-president from a case, the object of which was to review the constitutionality of an organic act extending the term of office of these court magistrates. In the article the necessity of using restrictive interpretative methods in similar cases is highlighted. This conclusion is deduced especially in respect to the unique mission of every constitutional (or similar) judicial body – which is the protection and promotion of constitutional rules. Above all, in the case of abstract norm control it is necessary to insist on the quorum maintanance.

Pages:
60–66
Author biography

Jan Kolba

The Supreme Court of the Czech Republic, Brno

asistent soudce
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