Description
Judges, but Partial
Book Summary
A prosecutor and a judge analyze the persistence of Francoist structures within the Spanish judiciary. Through the tracking of landmark criminal cases, from the trial of Lluís Companys to the disqualification of Baltasar Garzón, the authors provide a documented critical vision regarding the lack of judicial independence and the authoritarian legacy in the administration of justice. A work that invites reflection on the role of judges and the democratic quality of the system.
What is it about?
This essay examines how certain ideological and legal inertias inherited from the Franco regime have conditioned the actions of the judiciary in democracy. The authors, with direct experience in judicial practice, review historical and contemporary cases to evidence what they consider to be structural bias. The book does not only describe the facts, but offers a documented analysis of the laws, rulings, and mechanisms that have allowed for this continuity, becoming a well-founded denunciation from within the judicial system itself.
Main Topics
- Persistence of Francoism in Spanish judicial institutions.
- Analysis of key criminal cases: Lluís Companys, Baltasar Garzón, and others.
- Critique of the lack of independence and the partiality of the judiciary.
- Authoritarian legacy in current legislation and jurisprudence.
- Relationship between politics, justice, and historical memory.
Who is it recommended for?
For readers interested in the recent history of Spain, the functioning of the judicial system, historical memory, and the critical analysis of democratic institutions. It is especially relevant for students and professionals of law, political science, and historiography, as well as for anyone seeking to understand the tensions between justice and power in contemporary Spain.
What this book contributes
- An internal and documented perspective on judicial bias, written by an active judge and prosecutor.
- A detailed analysis of real cases that illustrate the work's central thesis.
- Keys to understanding the relationship between the authoritarian past and current judicial practices.
- A critical framework for debating the independence of the judiciary in a democracy.
Technical Specifications
- Author: Doñate, Antonio; Villarejo, Carlos J.
- Publisher: Editorial Pasado y Presente
- Language: Spanish
- Subject: LITERARY ESSAYS, HISTORY OF SPAIN, LAW, GENERAL THEORY OF LAW, LEGAL HISTORY, INTERNATIONAL LAW, SPECIAL JURISDICTION LAWS, LAW: STUDY AND REVISION GUIDES
- Collection: HISTORY
- Binding: Paperback
- Publication date: October 2012
- Number of pages: 330
- Weight: 600 g
Editorial Assessment
An uncomfortable and necessary essay that addresses a central issue for democratic health with documentary rigor: the independence of the judiciary. The dual authorship, from the experience of a judge and a prosecutor, grants uncommon credibility to the thesis they defend. It may be controversial for those who defend the absolute neutrality of the system, but its value lies precisely in opening a well-founded debate on the inheritance of Francoism in current institutions.