Il modello portoghese di autogoverno della magistratura: evoluzione nella stabilità

The Portuguese model of the judicial self-government: evolution in stability

Authors

  • Paola Costantini

DOI:

https://doi.org/10.57660/dpceonline.2020.1192

Keywords:

Portuguese Superior Council of the Judiciary; Constitution; Judicial self-government; Constitutional reforms; Judiciary independence

Abstract

The urgency to guarantee judiciary independence – with the beginning of the Third Republic and the consolidation of the liberal-democratic structure – expressed itself in the redefinition of the characteristics of the judicial self-government. This article analyses the Superior Council of the Judiciary from both functional and structural point of view. While the first of the two mentioned aspects reveals that the Portuguese judicial self-government is on the same wavelength as the Western judiciary self-governing bodies, the path that conducted to the definition of the current composition of the Council appears rather troubled. Several constitutional reforms come in succession, with the aim of reaching a balance able to prevent the influence on the judiciary by external powers and to ensure democratic legitimacy.

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Published

2021-01-18

How to Cite

Costantini, P. (2021). Il modello portoghese di autogoverno della magistratura: evoluzione nella stabilità: The Portuguese model of the judicial self-government: evolution in stability. DPCE Online, 45(4). https://doi.org/10.57660/dpceonline.2020.1192

Issue

Section

Sezione Monografica

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