The Impartiality of a Constitutional Court Judge - or else, Biased Judge a lá Spain
Vol.16,No.1(2008)
Abstract
Pages:
60–66
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.
60–66
Author biography
Jan Kolba
The Supreme Court of the Czech Republic, Brno
asistent soudce
Copyright © 2017 Jan Kolba