Is the politicization of justice a problem? The Constitutional Court [1.2817]

Abstract

Regarding tribunals, the classic State paradigms have become more complex. We tirelessly repeat that the judges are the “mouth of the law”, and argue that the sovereignty of their rulings are derived from rules previously and expressly enacted by the legislator. This hides, through an internal narration of the Law, a certain freedom granted to the judges. Is this a problem? We contend it is not. The problem lies in the classical conception of the State structure that understands that applying legal norms does not involve politics or ideology. We have to analyze this belief, as it permeates even the most recent rulings of constitutional justice.