La funcionalidad de las disposiciones derogatorias constitucionales: una aproximación desde la comparación jurídica

This piece investigates the functionality of constitutional derogatory provisions to attribute jurisdiction to the constitutional courts and/or the judiciary to resolve the conflicts between the new constitutional norms and the previous infra-constitutional norms when a new Constitution enters into force. The analysis is carried out based on the legal comparison of three cases of new Charters that ruled on a concentrated and subsequent constitutional adjudication by a constitutional court independent of the Judiciary. The comparative study focuses both on the constitutional design and on the interpretation made by the Italian, German and Spanish constitutional courts.