De la judicialización de la política y la politización de la justicia al lawfare
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Universidad de Cádiz
info
ISSN: 3045-6681
Year of publication: 2024
Issue: 1
Pages: 27-52
Type: Article
Abstract
The phenomenon of judicial corruption represents a pervasive and detrimental phenomenon for the SDRL. When manifested in the form of lawfare, it poses a significant challenge to the principle of the separation of powers, thereby undermining the very foundation of the constitutional system. To restore the balance between the powers of the State, it is necessary to avoid the politicization of justice and judicial interference in the competencies of the legislative and executive powers. Furthermore, it is essential to guarantee the autonomy and independence of judges and magistrates against unconstitutional interference by the other powers (lawfare against the judiciary)