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Frequently, Magistrates of the Constitutional Court are criticized because of being highly politized. That tension has even been moved into the Court, through an abusive use of disqualification, which has reached its zenith with the recent disqualification of the President of the Constitutional Court because of his political affiliation. In order to determine whether this affiliation is surprising, it is worth examining what is the procedure used to select the Judges that perform this type of functions in other countries and in Spanish case, to wonder afterwards whether that ideological proximity of Magistrates to political parties compromises their impartiality. In view of the answer to this question, and in view of the abusive use of disqualification in order to alter the composition of the Court, we make some specific suggestions about the principles that could be articulated in relation to disqualifications that are made in constitutionality trials.

teoría y realidad constitucional/teoría y realidad constitucional

Sobre la adscripción partidaria de los magistrados del tribunal constitucional y su invocación en el proceso = On the political affiliation of the Magistrates of the Constitutional Court and its invocation within the trial