Servants of the party itself. Attunements and mismatches between the political and the judicial in Spanish constitutionalism

Authors

  • María Julia Solla Sastre Universidad Autónoma de Madrid

DOI:

https://doi.org/10.18042/cepc/rep.198.02

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.

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Published

2022-12-28

How to Cite

Solla Sastre, M. J. (2022). Servants of the party itself. Attunements and mismatches between the political and the judicial in Spanish constitutionalism . Revista De Estudios Políticos, (198), 23–67. https://doi.org/10.18042/cepc/rep.198.02

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Section

ARTICLES