The democratic judiciary, a representative power

DOI: https://doi.org/10.18543/ed.3101
Keywords: Judicial power, representative, judicial independence, democracy

Abstract

This work aims to characterize the judiciary as a democratic representative power, identifying five aspects of representation and their modalities. Non-elective representation is analyzed, especially when exercised by government agents. Leading to the conclusion that the judiciary is indeed a representative power, although strict bureaucratic identification and the persistence of the conception of adjudication as syllogism problematize its descriptive representation. This descriptive dimension is perfectly compatible with judicial independence, but not so the implementation of the constitutional design that pursues it through a parliamentary appointment system for some members of the General Council of the Judiciary. In other words, while its purpose is legitimate, its effectiveness is impaired, prompting calls for its reform.

Received: 07.05.2024 
Accepted: 10.05.2024

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Author Biography

Oliver Roales Buján, Universidad de Málaga, España

Profesor de Derecho Constitucional 

Published
2024-06-19
How to Cite
Roales Buján, Oliver. 2024. “The Democratic Judiciary, a Representative Power”. Estudios De Deusto 72 (1), 79-100. https://doi.org/10.18543/ed.3101.
Issue
Vol. 72 No. 1 (2024)
Section
Special Issue

Last update: 08/02/2022

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