Models to analyze, which would better protect the fundamental rights of citizens wouldbe the European, because although it is true that in the American model (United States) any judge of any court category can decide whether it is constitutional or not, in this State there is nosecurity policy and is also important to note that they be handled cases in its discretion; that is to say that the Supreme Court of this State only will choose for her relevant cases and may deny themwithout any explanation, in contrast to the European model (France in this case) indicates that any person involved in legal proceedings before a court is entitled to hold that a statutory provisionviolates the rights and freedoms guaranteed by the Constitution.
2. Which composition and system of election of the members is more democratic: the one from the Constitutional Court in Spain, the onefrom the Conseil Constitutionnel or the one from the Supreme Court? Why?
In this case, France would be the least democratic of all system because the effects of the decisions on election disputes canrange from the cancellation of ballots to electoral procedures and may declare that a candidate is ineligible or dismiss an elected candidate for Office. In addition, France are chosen by the President(Executive Branch) and approved by the Senate, as well as in United States which also involved the Executive but not the judiciary.
However, in the Spanish system involved in the election theCongress, the Government and the General Council of the judiciary, with what would be involved two powers: Executive power and judicial power in contrast to other systems that would intervene only one.3. Which of the three models is more respectful with the value of the legal certainty? Why?
The system that would better respect legal certainty would be the European because France and Spain has...