The essential nature of legislative power is to make the laws; that of executive power is to execute those law. The difference between the two is both substantial and significant; it is the difference between the rule of arbitrary power and the rule of law. This paper will seek to trace the genesis of an independent judicial power, in both theory and practice, through an examination of sections of The Constitutions of Clarendon, The Assize of Clarendon, Hobbes’ Leviathan, Locke’s Second Treatise, Montesquieu’s Spirit of the Laws, as well as The Federalist Papers. Moreover, it will seek to establish its executive nature and to explain why it is so often (at least presently) misunderstood to be akin to the legislative power.La naturaleza esen...
The alleged division of powers that is reflected in the Spanish constitutional documents of the nine...
Resumen: La potestad judicial en el principio del constitucionalismo moderno aparece diseñada de mod...
El artículo analiza el rol de la justicia constitucional dentro de la construcción de la idea de gob...
The essential nature of legislative power is to make the laws; that of executive power is to execute...
The essential nature of legislative power is to make the laws; that of executive power is to execute...
This article discusses the Judiciary within the doctrine of separation of powers, aiming to provide ...
This paper discusses the exercise of judicial power, analyzing it from a theoretical and historical ...
Judicial independence is a key subjective principle of the democratic judiciary. Citizens expect, fi...
This paper studies the history of the power that article 74, currently 77, of the Political Constitu...
In 1978, Spanish Constitution established Judicial Power General Council in an attempt to achieve th...
This paper discusses the exercise of judicial power, analyzing it from a theoretical and historical ...
This paper is an academic reflection that aims to show how in individual casesunder the discretionar...
Taking into account the idea of the government under the law, the author synthesizes thenormative co...
Understanding the constitutional scope is not restricted to the content of its articles. The Constit...
It can be stated that the idea of the rule of law originates from ancient times, dating back to the ...
The alleged division of powers that is reflected in the Spanish constitutional documents of the nine...
Resumen: La potestad judicial en el principio del constitucionalismo moderno aparece diseñada de mod...
El artículo analiza el rol de la justicia constitucional dentro de la construcción de la idea de gob...
The essential nature of legislative power is to make the laws; that of executive power is to execute...
The essential nature of legislative power is to make the laws; that of executive power is to execute...
This article discusses the Judiciary within the doctrine of separation of powers, aiming to provide ...
This paper discusses the exercise of judicial power, analyzing it from a theoretical and historical ...
Judicial independence is a key subjective principle of the democratic judiciary. Citizens expect, fi...
This paper studies the history of the power that article 74, currently 77, of the Political Constitu...
In 1978, Spanish Constitution established Judicial Power General Council in an attempt to achieve th...
This paper discusses the exercise of judicial power, analyzing it from a theoretical and historical ...
This paper is an academic reflection that aims to show how in individual casesunder the discretionar...
Taking into account the idea of the government under the law, the author synthesizes thenormative co...
Understanding the constitutional scope is not restricted to the content of its articles. The Constit...
It can be stated that the idea of the rule of law originates from ancient times, dating back to the ...
The alleged division of powers that is reflected in the Spanish constitutional documents of the nine...
Resumen: La potestad judicial en el principio del constitucionalismo moderno aparece diseñada de mod...
El artículo analiza el rol de la justicia constitucional dentro de la construcción de la idea de gob...