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- Title
Justice under Administration: An Overview of Judiciary and Courts in Spain, 1834–1870.
- Authors
Solla, Julia
- Abstract
This paper offers an overview of the administration of justice in Spain between 1834 and 1868, a period politically marked by the reign of Isabel II and legally characterised by a homogeneous understanding of the instrumental role of justice within the framework of political powers. This stage was crucial for the construction of contemporary Spanish judicial power, since in the 1830s the judicature of a state conceived as European only (i.e. no longer a transatlantic empire) began to be restructured, while in 1870, a judicial administration recognisable to contemporaries in spite of its transformations was finally designed and consolidated. Within this context, this article provides some guidelines and keys to help unravel the complexity of this judicial construct, transcending a mere ‘political’ explanation and delving into other illuminating areas, such as legal culture, the concept of legality, the magistracy’s role and institutional practices. This approach demonstrates that, among other possible options, the decision was made to transform the inherited judiciary into an apparatus ruled by administrative logics, which gradually made possible the implementation of a legal order and only much later would acquire a genuine constitutional status
- Subjects
SPAIN; JUSTICE administration; JUSTICE administration -- History; SPANISH politics &; government, 1833-1868; SPANISH law; HISTORY of courts
- Publication
American Journal of Legal History, 2019, Vol 59, Issue 2, p232
- ISSN
0002-9319
- Publication type
Article
- DOI
10.1093/ajlh/njz002