Constitutional Courts and national Parliaments in Spain and Portugal 1

This chapter covers the relationship between the Parliament and the Constitutional Court in Spain and Portugal in the last 35 years. The chapter is organised as follows. First, we look at the background, composition, functions and powers of the Spanish and Portuguese Constitutional Courts as well as the formal relationship with the legislative branch in both countries. Second, we examine empirical evidence of litigation and how this impacts law-making processes with a focus on two significant issues, austerity legislation and autonomous communities in Spain. Mainly, given the influence of Parliament in selecting constitutional judges, we review theories and evidence concerning judicial behaviour in Spain and Portugal. Finally, we conclude with brief comparative remarks highlighting similarities and explaining observed differences.