La discrecionalidad técnica: un viejo fantasma que se desvanece

Authors

  • Tomás-Ramón Fernández

Keywords:

Technical discretion, judicial review and grounding

Abstract

This study analyses the latest jurisprudence of the Supreme Court that rectifies its earlier doctrine related to technical discretion, which aimed to exclude judicial review of exam results and professional ability tests because of their nature of technical judgements, unquestionable and incorrigible for courts. This new jurisprudence calls for expressing reasons, not only scores, and has no doubt as to whether replacing even judgements whenever the mistake is clear.

Issue

Section

CASE LAW