Politics, independence and judicial self-government

Four perspectives

Authors

  • Rafael Bustos Gisbert Universidad Complutense de Madrid

DOI:

https://doi.org/10.18042/cepc/rep.198.04

Abstract

This paper addresses judicial self-government from the standpoint of judicial independence. Here judicial independence is understood as a three-pronged principle: subjective (as a right), objective (as a principle of state organisation) and statutory (as a principle inspiring the legal status of judges). Judicial. self-government should be understood as the core element of the objective dimension of judicial independence. The study is articulated from four perspectives. First, the 1931 Constitution, in whose debates the concept of judicial autonomy was discussed in depth. Secondly, the evolving definition of the concept in Europe, with a clear preference for an Italian-style judicial council model for the establishment of independence. Thirdly, the critique of this model, both theoretical and practical, is discussed. Fourthly and finally, a concluding proposal is put forward to identify the minimum elements of judicial self-government needed to guarantee the independence of the judiciary without eraisng the democratic. legitimacy that the judiciary must ultimately retain.

Published

2022-12-28

Issue

Section

ARTICLES