La institución del juez legal en la cultura jurídica secular y en la canónica
The legal judge is an institution whose origin dates back to a 12th century Decree. This paper analyzes the guarantees of this fundamental right in international, European and Spanish law, and compares them with those in current canon law. The legal rationale outlined in international texts on human...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | Spanish |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
[publisher not identified]
2024
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| In: |
Ius canonicum
Year: 2024, Volume: 64, Issue: 128, Pages: 513-555 |
| Further subjects: | B
Juez legal
B Tribunal extraordinario o excepcional B Derecho de recusación |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | The legal judge is an institution whose origin dates back to a 12th century Decree. This paper analyzes the guarantees of this fundamental right in international, European and Spanish law, and compares them with those in current canon law. The legal rationale outlined in international texts on human rights, and how European and American jurisprudence have addressed this in real terms, are explored in this analysis. The jurisprudence of the Spanish Constitutional Court and Supreme Court has declared that the judge determined by law has maximum authority. However, if a member of this body is replaced, the parties must be able to lodge an appeal against the appointment of a substitute. Otherwise, the legality of the judge would not be guaranteed. Current canon law does not recognize the right to a legal judge in a manner comparable to international or Spanish law. Proposals de lege ferenda are also noted. |
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| ISSN: | 2254-6219 |
| Contains: | Enthalten in: Ius canonicum
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| Persistent identifiers: | DOI: 10.15581/016.128.004 |