New Populisms and Constitutional Review: Recovering The Lost Legitimacy

Constitutional Justice is currently held by an aggravate counter-majoritarian difficulty supported by the new populisms. In Spain, the Constitutional Court’s legitimacy was eroded at the same time that the Catalan crisis became deeply embedded. What is more, citizens have witnessed how their access to the Court’s protection was reduced due to the establishment of hardened requirements after the reform of the individual writ for protection of fundamental rights. The consequence is a Court very cut off from the citizenship, feeding the counter-majoritarian criticism in a deeply complex legal and political context. We need to analyse whether the procedural law reforms implemented in the last decade have strengthened or weaken the Court in this context, or have been even indifferent to the drift, which is justified by a global political reality. Finally, depending on the answer we get, we should evaluate the convenience of correcting some of these reforms to recover the lost legitimacy.