Il modello portoghese di autogoverno della magistratura: evoluzione nella stabilità
The Portuguese model of the judicial self-government: evolution in stability
DOI:
https://doi.org/10.57660/dpceonline.2020.1192Keywords:
Portuguese Superior Council of the Judiciary; Constitution; Judicial self-government; Constitutional reforms; Judiciary independenceAbstract
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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