Breves reflexiones sobre la división de poderes y la administración de justicia en España durante el siglo XIX
The alleged division of powers that is reflected in the Spanish constitutional documents of the nineteenth-century contrasts with reality. The prevalence of the executive in the legislative procedures of the initiative and the delegation and the continuous use of the infralegal provisions, permitted...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7095671 |
| Source: | Historia constitucional: Revista Electrónica de Historia Constitucional, ISSN 1576-4729, Nº. 20, 2019, pags. 499-544 |
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| Summary: |
The alleged division of powers that is reflected in the Spanish constitutional documents of the nineteenth-century contrasts with reality. The prevalence of the executive in the legislative procedures of the initiative and the delegation and the continuous use of the infralegal provisions, permitted, in the judicial sphere, assuming the writing of the texts by which the civil and criminal prosecution was regulated, as well as controlling the judges and magistrates. These were considered public employees, that are subject to the Ministry of Grace and Justice, so that, in reality, the courts did not constitute in the organic any power as to be subject to the executive, whatever their ideology was, while functionally they executed the power to apply the laws in civil and criminal trials with remarkable independence. |
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