The Government, Suspended In Legality
Fernando G. Urbaneja | The Constitutional Court has declared unconstitutional the Government’s implementation of the State of Alarm to decree the confinements… An old principle of good government (and of journalism) dictates that when in doubt it is advisable to abstain. In other words, to behave prudently, because there is no better solution to a problem than to avoid it. There was a risk of unconstitutionality in the alarm decrees, warned of from the outset; opinions were divided amongst constitutionalists, but there were well-founded expectations that it was not the right rule. It was not, narrowly, by 6 votes to 5. But the majority decided the chosen rule was not constitutional and that there was no appeal and no way back.