Seven Theses on Spanish Justice to understand the Prosecution of Judge Garzón

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URI: http://hdl.handle.net/10900/97761
http://nbn-resolving.de/urn:nbn:de:bsz:21-dspace-977616
http://dx.doi.org/10.15496/publikation-39144
Dokumentart: Aufsatz
Date: 2011
Source: Oñati Socio-Legal Series, 1-9, 2011
Language: English
Faculty: Kriminologisches Repository
Department: Kriminologie
DDC Classifikation: 340 - Law
Keywords: Justiz , Spanien
Other Keywords:
Spanish Judiciary
Judicial statistics
Transition in Spain
Sociology of the Judiciary
Consejo General del Poder Judicial
Politicisation of Justice
Judicialisation of Politics
Spanish Constitutional Court
Spanish Supreme Court
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Abstract:

Judges may not decide cases as they wish, they are subject to the law they are entrusted to apply, a law made by the legislator (a feature of heteronomy). But in doing so, they do not take any instruction from any other power or instance (this contributes to their independence or autonomy). Sometimes, they apply the law of the land taking into account the norms and principles of other, international, supranational, even transnational systems. In such cases of conform interpretation, again, they perform a delicate balance between autonomy (domestic legal order and domestic culture of legal interpretation) and heteronomy (external legal order and culture of interpretation). There are common shared aspects of Justice in the Member States of the EU, but, this contribution explores some, perhaps the most salient, features of Spanish Justice in this wider European context. They are not exclusive to Spain, but they way they combine and interact, and their intensity is quite uniquely Spanish. These are seven theses about Justice in Spain, which combine in unique ways as can be seen in the infamous Garzón case, discussed in detail.

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