Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The relevance of García Pelayo in the twentieth century Constitutional Law, or the constitutional law repercussion in the life of García Pelayo? In any case, a double contribution of Manuel García Pelayo existed, as author of the classical work Compared Constitutional Law of 1950, and as the first President of the Spanish Constitutional Court in 1980, thirty years period in which he suffered the defeat of the republican civil war, the voluntary exile in Argentina, Puerto Rico and Venezuela, and professor of distant universities, without taught constitutional law. It seems monstrous, as the author indicates, that García Pelayo did not have direct participation in the elaboration of the Spanish Constitution of 1978 nor in the Statutory Law of the Constitutional Court, being one of the most prepared, capable and prestigious person, and seems distressing that an apparently solitary intellectual figure with a strange interlocution of "an only" book which opened to him the doors of the Universities, had not let in spite of his personal relations with his students, a considerable volume of disciples, remarkable and numerous enough to form school.

How much can change a legal institution in 33 years? The reading of this article offers a wide answer related to the faculty investigation of the Supreme Court of Justice, which at that time acquired more presence in our judiciary order and in academic scope. The author locates this faculty within Constitutional Justice and exposes, with detail, its history, constitutional evolution and a national relevant case in which it was applied, the one of "Aguas Blancas". As far as its content, after an ample reflection, the author proposes the suppression of this faculty respect investigation of some judge or magistrate conduct, because there is another instance that can do it, he also considers that what he denominates a legal monster, investigation on public vote violation, should be eradicate. Consequently, the content of this faculty is limited to the investigation of serious individual guarantees violations, like a defense and extraordinary and exceptional protection of the Constitution.

To create a religious association in Spain is necessary to obtain the inscription in the Religious Organizations Registry, having religious aims. But, who determines the religiosity of a religious association? This article narrates the jurisdictional process that a religious association, the Church of the Unification, had to follow, to obtain the Constitutional Court answer to this question and it determined that inscription in the Religious Organizations Registry obeys to the non violation of other people rights nor to the alteration of the public order.

In the present work the author provides a prospect of the main criteria emitted by the National Supreme Court of Justice and the Electoral Court of the Federal Judiciary in their task of giving electoral constitutional justice in Mexico, the first one, through the unconstitutionality actions that are raised to it and, the second one, by the diverse impugnation ways resolutions which it knows, emphasizing the guarantee effect function that these institutions have been fulfilling since the significant constitutional reform in electoral matter of August 1996. In this sense, both constitutional courts have contributed to guarantee the effectiveness of the democratic and constitutional Rule of Law, which demands the celebration of free, authentic and periodic elections, strictly attached to the Constitution and the law, in benefit of the fundamental political-electoral rights of the citizens, as well as the constitutional and legal principles to which federal and local electoral authorities and activities invariably must obey, as well as the political parties.

When the spanish judge is about to apply a national norm facing of a comunity norm which one have to chose? The judges of the European Union members countries have the obligation to take care that their resolutions not infringe the community norms. But the judge should have to apply the community norm to obtain a "community or constitutionalist control", helping himself with the prejudicial matter as a consultation to the Luxembourg Court.

Is the federalism the legal and political organization type of the European Union? In this article, the author offers some indispensable elements to answer this question, indicating the principles of the federalism and contrasting them with the upholder ones of the European Union, focusing on the respect of the diversity inside the unity, the general will and the interests of the governments, having as a result the conciliation between national and communitarian interests.