Judicial government under an economic perspective

Abstract

In this article, the phenomenon of judicial power is explored from the perspective of the economic analysis of law and the notion of Habermas’ deliberative, democratic state with a view to sustaining the need to restrict the activity of the courts to the truly jurisdictional and distancing it from the administrative themes associated with the judicial government. They serve to reduce the monopsonic domination exercised by the head of that power regarding the rest of the judicial officials, helping to strengthen the discourse of application which they typically implement at the moment of decision. The creation of a Judicial Council, beyond organic complexities and composition, would strengthen the internal independence of the judges, which would prove to be desirable from both viewpoints presented here as a theoretical framework.