JUZGAR Y HACER EJECUTAR LO JUZGADO. SOMETIMIENTO A LA LEY, INDEPENDENCIA E IMPARCIALIDAD EN EL MARCO DEL CONSTITUCIONALISMO

Abstract

Th e constitutionalism reveals the insuffi ciency of the traditional juridical method in order to assure the certainty and to guarantee the democracy. In this situation, in which the subjection to Law acquires a new meaning, it is necessary to check the criteria on which the legitimacy of the judge is based.
At this work, the author maintains that the bureaucratic model of judicature is not satisfactory to face the challenges of the constitutional State. From this point of view, she distinguishes some subjects on which it’s urgent to think if we want to design institutionally a judicial power coherent with the political organization in the present, and of which we could continue affi rming his subjection to the Law, his independence and his impartiality.