La independencia del Poder Judicial en la historia constitucional española

Abstract

In 1978, the Spanish Constitution established the General Council of the Judiciary in an attempt to guarantee the independence of the judges. During the nineteenth and twentieth centuries, the constitutional provisions referring to the judicial power failed because, in practice, the executive power interfered with the judiciary exercising its removal power. Only in two short periods (a few months in 1873 and three years between 1923 and 1926) there were true attempts to establish a real judicial self-government. This article addresses the provisions referring to the judicial power in Spain’s constitutional history and how they operate in practice.Fecha de envio / Submission date: 11/01/2018Fecha de aceptacion /Acceptance date: 7/04/2018