El impacto del diálogo entre derecho sustantivo y derecho procesal
Justice or procedural fairness supports the reality of union and interdependence, not of dichotomy between substance and procedure. The emphasis on individual dignity before the organs of the state, especially the one that is treated here, the judge is understood as a right of dignity of the human b...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6416830 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 41, 2018, pags. 255-283 |
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| Summary: |
Justice or procedural fairness supports the reality of union and interdependence, not of dichotomy between substance and procedure. The emphasis on individual dignity before the organs of the state, especially the one that is treated here, the judge is understood as a right of dignity of the human being. Although we have known that the procedure is inherently substantive, we must now appreciate that the substance is inherently procedural. The construction of the substantive law implies assumptions about the procedures that will be applied when that substantive right is ultimately applied. These procedures are part of the substantive law and, if not implemented, will result in a breach of the substantive order. The public justification of participation as a strategy with respect to human dignity, with mechanisms that ponder the discourse, but also the right to the truth, finally with the consideration of the just to accept the legitimacy of a decision imposes procedures that establish a solid impact between both spheres. |
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