El control constitucional de la justicia española = The constitutional control of the Spanish justice

Abstract

The values of the Justice are like the engine of a car. If the design of the engine is correct the Justice works right. Anyway, if the engine of the car is not well built it will happen breakdowns that will make them difficult to good circulation. From this point of view, the spanish Justice has important structural defects in the engine. The two most important are: 1st) Disarticulation of the Justice due to the direction of the judicial politic belongs to several Administrations, it implies an incorrect articulation of the value in the separation of powers, and 2nd) Politicization of the Justice due to the nomination of the members of the judicial headquarters –TC and CGPJ– belong to others powers of the State, it implies minimal repercussion of the value of popular sovereignty. The solution consists in a restructuration of the engine of the car, attributing to the CGPJ the total direction of the judicial politic and allow to the citizens choose the members of the TC and the CGPJ in order that they enjoy the necessary judicial autonomy.