Article 159 of the Constitution establishes a Constitutional Court as an essential parti of the Spanish legal order.

It is not the first time that Spain has had a Court of this kind, since during the 2nd. Republic there was a Court of Constitutional Guarantees. Even taking into account this national precedent, and notwithstanding its own originality, it is in fact the case that the Spanish Constitutional Court resembles in general outline the model of European constitutional courts developed in the Republic of Austria, Germany and the Italian Republic, since, although in terms of powers these courts are different from one another, all of them are based, to a greater or lesser extent, on the model of concentrated and specialized constitutional jurisdiction, as opposed to diffuse constitutional jurisdiction or jurisdiction exercised together with other jurisdictions by a single court.

The law defines it as the supreme interpreter of the Constitution. As such, it is a constitutional organ, supreme and independent from any other. It has jurisdiction in conflicts of powers arising between the State and the Autonomous Communities or between several Autonomous Communities. Finally, once the ordinary judicial procedures are exhausted, the Court has powers and jurisdiction to safeguard the fundamental rights of citizens through the so-called appeal for constitutional protection (recurso de amparo). It is not part of the Judiciary and is only subject to the Constitution itself and the Organic Law whereby it is regulated (2/1979, october 3rd).

Appointment of the members of the Constitutional Court is for a nine-year term and membership is renewed by thirds every three years. Members cannot be re-elected.