Current weakening of the judicial independence constitucional principle: causes, efects and valuation

Abstract

One of the classic features whose presence may speak of a country with rule of law lies in the independence of the judiciary system. This is not an easy concept to learn but its significance is essential to articulate a proper separation of powers. It is important because gives judges a real framework of autonomy that citizens can trust. Spain guarantees in its 1978 Constitution (CE) the validity of the principle of independent justice. However, there is a risk beyond this statement: the ineffectiveness of the instruments prepared by the legal system to overcome situations of an attack. To analyze the problematic situation briefly and get some conclusion is what we are going to pretend in the coming pages, always bearing in mind our Supreme rule: the EC.