El control de la legalidad por el concejal disidente

Abstract

One of the basic pillars of the rule of law is that the Public Administration is subject to the law and, therefore, several mechanisms are available to assure the respect of this principle. Among them, this article analyses the possibility of councilmembers and members of intermediate local governments to watch over the proper functioning of their local Administrations through a relevant mechanism that is to vote against the act that they challenge. This article also takes into account the extensive interpretation carried out by the judgment nº173/2004, of 18 of October, of the Spanish Constitutional Court regarding this mechanism of control because of the involvement of the right to a fair trial.

Keywords:

control, councilmembers, standing, vote against