The administrative judicial review and its role on protecting fundamental rights against norms regardless of its rank as a source of laws

Abstract

It is contested whether the administrative judicial review should be the jurisdiction in charge of protecting fundamental rights against norms of any rank for reasons of unconstitutionality. This debate is framed, first, considering judgments which disapply legislation or annul acts which provide from Royal Decree-Laws on the grounds of their unconstitutionality. Second, the debate explores the existing constitutional praxis. And third, the question is approached in view of theneed to protect citizens, especially before Royal Decree-Laws enacted by the Autonomous Communities (regional governments).

Keywords:

administrative judicial review, disapplication of legislation, unconstitutionality, Royal Decree-Laws, protection of citizens, Autonomous Communities legislation