Los jueces y la política¿imparcialidad/neutralidad versus compromiso democrático?

Resum

This article analyses the relation between the judicial function and the political activity. It�s in three parts. The first part focuses on the description of the judges�s model of the 1978 Spanish Constitution. Regarding this subject, we came to the conclusion that the Magna Carta refuses both the idea of a kind of political judge and the opposite model, which would be that of a politically engaged judge. The second part is a theoretical reflection on the value of neutrality in application to the Judiciary, and the conclusion we came to is that this concept involves a positive reinforcement of the concept of impartiality, so we recommend this... (Leer más) use. Finally, in the third part, we apply these conclusions to a particular case: the prohibition of the judges�s political activism (art. 127.1 Spanish Constitution).