Nuevos caminos hacia la legitimidad judicial: participación ciudadana en los tribunales penales en Córdoba
The institution of mixed tribunals may be considered as a strategic viewpoint to watch processes of change in legal culture in Argentina. The intense restructuration of social relations of the last two decades has been accompanied by a crisis of trust in the institutions, especially serious for the...
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| Formatua: | Artikulua |
| Hizkuntza: | Gaztelania |
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2009
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5618200 |
| Baliabidea: | Derecho y ciencias sociales, ISSN 1852-2971, Nº. 1 (Abril 2009), 2009, pags. 128-148 |
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Etiketa erantsi
Etiketarik gabe: Izan zaitez lehena erregistro honi etiketa jartzen
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The institution of mixed tribunals may be considered as a strategic viewpoint to watch processes of change in legal culture in Argentina. The intense restructuration of social relations of the last two decades has been accompanied by a crisis of trust in the institutions, especially serious for the judiciary, which cannot resort to electoral mechanisms in order to renew its bond with society. Within this context, the inclusion of mechanisms of lay participation in judicial decisions becomes an especially useful tool for legitimizing the judiciary. The article analyses the efficacy of this legitimization strategy, studying the process of implementation of mixed tribunals, as well as the views of different social actors on this issue. Lay participation has historically been viewed as a mechanism to lessen the severity of punishments proposed by magistrates. Its implementation in Córdoba, nevertheless, takes place in the reverse situation, when the citizens request a firm hand from the judges. The article also reviews how the tensions between the guarantee-based approach, typical of judges and lawyers and the demand for penal harshness -coming from common citizens- are handled in the implementation of this experience |
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