Brief reflections on the division of powers and the administration of justice in Spain during the 19th century

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DOI:

https://doi.org/10.17811/hc.v0i20.565

Keywords:

Division of powers, Justice administration, Judicial power

Abstract

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.

Enviado el (Submission Date): 07/01/2019

Aceptado el (Acceptance Date): 12/03/2019

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Author Biography

Pedro Ortego Gil, Facultad de Derecho Universidad de Santiago de Compostela

Catedrático de Historia del Derecho y de las Instituciones de la Universidad de Santiago de Compostela

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Published

2019-02-06

Issue

No. 20 (2019): Historia Constitucional N. 20 (2019)

Section

Spain

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