Judicial Independence in Spain

Any study of the judiciary in Spain must start with the text of the Spanish Constitution of 1978.¹ The provision that includes the definition and main characteristics of the judiciary is article 117 of the SC – more specifically article 117.3, which defines the essence of this state power – at the beginning of Title VI, dedicated entirely to the judiciary, reading: The exercise of judicial authority in any kind of action, both in passing judgment and having judgments executed, lies exclusively within the competence of the courts and tribunals established by the law, in accordance with the rules of