Democracy and the State: a legal approach to the problems of Rule of Law and Justice in Spain.

Rule of law is the base in which citizen can assert all rights acquired by legal means against the executive branch. This leads to the institutionalization of contentious-administrative jurisdiction as a way to eliminate immunities from power or to the establishment of government formulas for the judiciary that today in Spain require reflection. The judicialization of the State finds the assumption of its possibility in the existence of general norms, and that the independence and power of the judge depend on the validity and existence of the Law as a general norm established in advance by the legislature. There would be no judicial rulings but political decisions, and the fact of transferring political disputes to the sphere of justice would entail a dangerous politicization of it. Tension between the specific legal-normative element of the Rule of Law and the political element of the State as a political unit is intuited.