Poder Judicial y Administración de Justicia

Abstract

This piece is divided into two different parts. In the first part, the different models of the Judiciary and of the rule of judges in contemporary constitutionalism are analysed, as that initial approach is required in order to fully understand the constitutional position of the Judiciary and the Justice Administration. The second part aims to analyse how the Judiciary and Justice Administration question fits into the 1978 constitutional system and into the evolution of the judicial model from the Organic Law of the Judiciary of 1985 to the present day – placing special emphasis on the regional organisation of the State. The Judiciary and Justice Administration have been constitutionally organised in a centralist way, with a gradual opening to the Autonomous Communities in terms of their model for management – although only partially. In this study, the difficulties of the process are analysed. The conclusion discusses the complexity implied, within the current legal and political/institutional context, by a greater expansion of the Judiciary at the regional level.