We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
SERVIDORES DEL PARTIDO MISMO. SINTONÍAS Y DESENCUENTROS ENTRE LO POLÍTICO Y LO JUDICIAL EN EL CONSTITUCIONALISMO ESPAÑOL.
- Authors
SOLLA SASTRE, MARÍA JULIA
- Abstract
This article addresses, from a historical perspective, the relationship that has been maintained between politics and justice in Spain within the framework of the separation of powers established by the nineteenth-century constitutionalisms. In order to tackle this political-justice link, we have chosen to materialise the political and the judicial in two of their institutional expressions, the former being understood as the Government and the latter as the Administration of Justice as an apparatus. From this brief overview, which spans from the first constitutionalism of 1812 to the current Constitution, it can be deduced that the political nature of the judiciary was incorporated at the dawn of the Constitution as a basic element to establish the new order; it was enshrined as a substantial aspect of the judges that served to articulate the judicial apparatus, and only in very recent decades, with a true democratisation of constitutionalism, were instruments created to consider it a systemic anomaly, incompatible in essence with a separation of powers that structured the constitutional order.
- Subjects
SPAIN; SEPARATION of powers; JUSTICE administration; JUDGES; JUDICIAL selection &; appointment; JUDICIAL independence; CONSTITUTIONALISM; CONSTITUTIONAL history; ENVIRONMENTAL justice
- Publication
Revista de Estudios Políticos, 2022, Issue 198, p23
- ISSN
0048-7694
- Publication type
Article
- DOI
10.18042/cepc/rep.198.02