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Boletín mexicano de derecho comparado
On-line version ISSN 2448-4873Print version ISSN 0041-8633
Abstract
CHOCRON GIRALDEZ, Ana María. La exclusividad y la unidad jurisdiccionales como principios constitucionales en el ordenamiento jurídico español. Bol. Mex. Der. Comp. [online]. 2005, vol.38, n.113, pp.651-687. ISSN 2448-4873.
The study of the judicial function nowadays has to be examined from a constitutional perspective. The Spanish Constitution of 1978 provoked a substantial political change in Spain that changed the conception of the State and the judicial function, which went beyond a mere procedural consideration. In this way, the Spanish Constitution states that the judicial function derives from the people, and is performed by judges and magistrates that form part of the judicial power, and who are independent, non-removable, responsible and subjected only to the law. Moreover, said Constitution also defines constitutional rights that support the judicial function, such as the principle of jurisdictional unity principle.
Keywords : judicial organization; jurisdictional unity; procedural law; constitutional guarantees.