From “motorized statutes” to “outsourced statutes”: Analysis of Law-making trends in the Constitutional Spanish State

García de Enterría spread Carl Schmitt’s expression “motorized legislation” to refer to the phenomenon how an understanding of the statute law as a mere tool ends being socially dominant. Statute law loses its traditional authority and became a “simple technical means of the bureaucratic organisation without any link to justice”. The Spanish constitutional state has both followed this path and offered other side of it: the outsourcing of the law-making. The instrumental role granted to the executive power in the legislative process and its wide powers in extraordinary circumstances are so well-known as the deepening of the multilevel legislation due to the devolution triggered in 1978 and the participation in the European integration. However, the legislative consequences of the globalization have not been so intensively explored. This contribution wants to critically study this scenario and to propose specific ways to intensify the democratic principle in contemporary law-making.