Poder sin control: La imposibilidad de adelantar procesos para exigir responsabilidades a los jueces en Colombia

The existence of checks and balances in a state of law ensures freedom and promotes the control between the public authorities. In Colombia from 1991 the judicial branch of power occupies a leading position. The new role of the judges in the judicial system has changed. Therefore, they are able to w...

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Bibliographic Details
Main Author: Garcés Villamil, Miguel Ángel
Format: Article
Language:Spanish
Published: Universidad Autónoma del Caribe 2012
Subjects:
Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=4421188
Source:Justicia Juris, ISSN 1692-8571, Vol. 8, Nº. 2, 2012, pags. 27-40
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Summary: The existence of checks and balances in a state of law ensures freedom and promotes the control between the public authorities. In Colombia from 1991 the judicial branch of power occupies a leading position. The new role of the judges in the judicial system has changed. Therefore, they are able to win an important space influencing the decisions of the State. Although there are legal mechanisms designed to investigate the activity of members of the high courts of justice when they commit acts contrary to the law, in reality it has not been possible to implement these rules. As a consequence of the foregoing, there is in fact a kind of inviolability of judges, which prevents them from being investigated or prosecuted for their conduct. This research aims to propose a reform to enable the control of the judge´s conducts, which is necessary to prevent the existence of powers without control and realize the principle of equality of citizens above the power of state.