RT Article
T1 Seven theses on Spanish justice to understand the prosecution of judge Garzó
JF Oñati Socio-Legal Series
VO 1
IS 9
SP 1
OP 18
A1 Bengoetxea, Joxerramon
LA English
YR 2011
UL https://krimdok.uni-tuebingen.de/Record/169295623X
AB 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
CN 360
K1 Justiz
K1 Spanien
K1 Spanish Judiciary
K1 Judicial statistics
K1 Transition in Spain
K1 Sociology of the Judiciary
K1 Consejo General del Poder Judicial
K1 Judicialisation of Politics
K1 Spanish Constitutional Court
K1 Spanish Supreme Court
DO 10.15496/publikation-39144