LA INDEPENDENCIA JUDICIAL Y EL ERROR INEXCUSABLE

Abstract

This paper will focus mainly on the development of the judges and their actions. For this, the paper will go over the punitive measure particularly, resulting in the dismissal of the judge. This punitive measure is known as the "inexcusable error". This paper will analyze the impact of this measure on legal certainty and judicial independence. It will also go over on how semantic indeterminacy of this measure is causing what the doctrine called "unconstitutional state of affairs" because it imposes judges a sort of "self-censorship" that restricts their independence, under the fear of being dismissed by the Judicial Council. After trying to give a rough definition of what it means to commit an "inexcusable error", it is concluded that this vague definition violates the principle of legality; and cannot be applied under certain circumstances where the judge has to "create law" to change the defects of the legal system.