Jueces y democracia: rescatando la idea de imparcialidad judicial, hacia una justificación normativa de la autoridad dialógica

The impartiality idea in judicial matters rests in the deepest of our institutional compressions in relation to the judicial configuration. This notion has served as a justificatory basis to articulate our judicial practices, organization and, in general, for the functionality of the judicature. The following research is based on a critical position, stating that the idea of impartiality is based on an elitist nature, which was assimilated -not discussed- into the foundational periods of our Latin American constitutional system. This has contributed to the construction of a judicial power distanced from the social problems, and a self-understanding of being an actor outside the democratic debate.

In this context, the idea of impartiality needs to be rescued, in order to achieve a judicial power committed to democracy, particularly a deficit democracy like ours. This exercise implies a normative justification of a dialogical authority