An Excessively Bound Executive? The Law of Exception in Spain after the Constitutional Court’s Contribution

So far, the Spanish Constitutional Court has issued nearly a dozen rulings in relation to the covid-19 pandemic. Most of them have declared unconstitutional the measures adopted by the executive bodies. Of particular relevance were rulings 148/2021 of 14 July and 183/2021 of 27 October, which declared unconstitutional the restriction of freedom of movement for exceeding the limits of the state of alarm and the extension of the state of alarm to six months, respectively. Nor can we forget 168/2021, of 5 October, which annulled the suspension of the calculation of deadlines for processing all kinds of parliamentary initiatives without providing for exceptions. This paper will analyse the specifics of the limits of the Spanish right of exception as set out by the high constitutional interpreter on the occasion of the pandemic.