El poder judicial frente al problema de la única respuesta correcta: El Lawfare

Citizens need security and certainty in their social relationships and the powers of the State must provide them. However, today this is not the case. The principle of separation of powers threatens bankruptcy. The power of the State is weakened, and citizens no longer trust in the independence or transparency of its actions. In this situation, the judicial power appears to be the last bastion of trust for citizens. However, his performance also poses problems. Citizen’s ask themselves: ¿Is there or not a single judicial response for each specific case? This work deals with addressing this issue by defending judicial discretion and condemning, on the contrary, the arbitrariness that the use of lawfare would entail.

Institutions

Publication Details

Journal
e-rph (University of Granada)
Published
2025-02-04
Primary Topic
Comparative constitutional jurisprudence studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

El poder judicial frente al problema de la única respuesta correcta: El Lawfare

e-rph (University of Granada)
Comparative constitutional jurisprudence studies
article

El poder judicial frente al problema de la única respuesta correcta: El Lawfare

article en

Abstract

Citizens need security and certainty in their social relationships and the powers of the State must provide them. However, today this is not the case. The principle of separation of powers threatens bankruptcy. The power of the State is weakened, and citizens no longer trust in the independence or transparency of its actions. In this situation, the judicial power appears to be the last bastion of trust for citizens. However, his performance also poses problems. Citizen’s ask themselves: ¿Is there or not a single judicial response for each specific case? This work deals with addressing this issue by defending judicial discretion and condemning, on the contrary, the arbitrariness that the use of lawfare would entail.

e-rph (University of Granada)
Universidade de Santiago de Compostela (ES)
Peace, Justice and strong institutions
Openalex Percentile: Top 40%
Comparative constitutional jurisprudence studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.