Rule of Law and the Right to Judicial Independence: An Inseparable Combination

Abstract

The Rule of Law implies the subjection of state power to the law and a Constitution with normative force and primacy, including the separation, limitation, and democratic legitimization of state powers, the territorial distribution of power, legal certainty, and the recognition of fundamental rights. To achieve this, justice systems based on guarantees of a “fair process” are required. Among these, the right to judicial independence stands out in aspects such as the appointment of the tribunal, the duration of the mandate, and the separation from external political influences. This study addresses these issues, focusing on the Spanish case and the systemic crisis of the Consejo General del Poder Judicial.