The relationship of the judicial branch with executive branch in the Courts Act of 1870
Abstract
The Spanish constitution of 1869 has been considered the Magna Carta of Spanish liberalism. After its promulgation, the approval of the Law on the Organization of the Judicial Power of 1870 took place, a law that marked the birth of the third power of the State in Spain. Through the Courts Law of 1870, access to the judicial and fiscal careers was unified through competitive examination. Likewise, the law provided for the Government´s interference in various aspects of the judiciary in relation to the Qualifying board acting in access to the judiciary, the processing of opposition files and the entry and promotion of judges. Likewise, its intervention was manifest, within the Administration of Justice, in the inspection of courts and tribunals. In relation to the Public Prosecutor´s Office, the law established a hierarchical organization ordered by categories in which the Prosecutor oh the Supreme Court was placed under the dependence of the Minister of Grace and Justice.
Received: 25.04.2024
Accepted: 10.05.2024
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Last update: 08/02/2022
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