ABSTRACT

The Spanish Constitutional Court holds the essential function to safeguard our fundamental text and interpret it, fulfilling therefore a role that is essential for a democratic State based in the rule of law. During its forty years of existence it has contributed to the configuration of our democracy, helped to legally pacify complex conflicts, granted the conditions for the effective enjoyment of our rights and freedoms, and for the development of our decentralized model of State. And, in particular, it has done so through its creative role, carrying out innovative and expansive interpretations in order to ‘save’ or ‘maintain’ certain provisions, or part of their elements, either at constitutional or sub-constitutional level.