Judicial Power and Rule of Law. A normative perspective
Abstract
Taking into account the idea of the government under the law, the author synthesizes thenormative consequences of the rule of law in judiciary power effectiveness. According to the supremacy of the law powers admit legal constraints when separation and checks and balances are realized. The effectiveness of constitutional jurisdiction through a priori and a posteriori control in concentrated and diffuse systems is beyond doubt; however, even if “Justices” decisions apparently can evade any normative control, balance of powers will demand the existence of some kind of constitutional counter-power to limit them.
Downloads
Eunomía. Revista en Cultura de la Legalidad is a duly registered journal, with EISSN 2253-6655.
The articles published in Eunomía are –unless indicated otherwise– under a Creative Commons Attribution-No Derivative Works 3.0 Spain license. You can copy, distribute and communicate them publicly as long as you cite their author and the journal and institution that publishes them and do not make derivative works with them. The full license can be consulted at: http://creativecommons.org/licenses/by-nd/3.0/es/deed.es