The Legitimacy of the Judge in the Constitutional State Articles uri icon

publication date

  • June 2016

start page

  • 73

end page

  • 82

issue

  • 1

volume

  • 16

Electronic International Standard Serial Number (EISSN)

  • 1825-0173

abstract

  • The starting point of this work is the assumption that constitutional state implies a change in the criteria for the legitimacy of the power with respect to the scheme of the rule of law. From the above, it tries to defend that the legitimacy of the control body must rest on the features that make it appear as a judicial body rather than in the elements that make it appear as an organ of a political nature. Although they are not mutually exclusive approaches, the priority of one or the other depend s on the role attributed to the constitution, has consequences for the way in which the institution is organized and also affects the scope of the powers conferred. Additionally, legitimacy of the judge in constitutional state req uires an adaptation of the concepts of subjection t o law, independency and impartiality to the new framework affecting not only specific constitutional control bodies but also supreme or even ordinary judges, because all of them develop constitutional functions.

keywords

  • constitutional state, judicial review, human rights and democracy, judge legitimacy, constitutional in; terpretation