The Supreme Court as a body that merely unifies doctrine: Could this encumber its institutional guarantee?

Authors

  • MARÍA DEL PILAR GARCÍA RUIZ

Keywords:

Judicial Power. Supreme Court. State of the Autonomies.

Abstract

The procedural reform that the Government urged from the Spanish Parliament in July of 2005, related to the modification of the traditional regime of appeals before the Spanish Supreme Court, affects a number of questions that, besides the declared necessity of finding a solution for the delay —shorter than it used to be— of this highest jurisdictional organ in pronouncing its sentences, go beyond the proceeding ones to get completely involved by the configuration of one of the powers of the State: the Judicial Power. The motives and some hypothetical consequences of turning the Judicial one into a «territorial power» are considered in the following lines, concerned by a legislative reform that, on the assumption of it were finally approved as raised, should produce a deep change in the way in which either that state Power and the Supreme Court of Spain were regulated in the Constitution of 1978.

Published

2008-05-07

Issue

Section

STUDIES