REFORMA CONSTITUCIONAL Y PODER JUDICIAL: LA PERSPECTIVA DE LA RELACIÓN ENTRE JUSTICIA Y MODELO DE ESTADO1

The Constitution, while putting the basis for the political decentralization of the State, configured the Judiciary on a unitary model, so that the Judiciary and the model of State appeared to be two realities destined to ignore each other, and not seek any type of reciprocal influence. The principle of jurisdictional unity, understood in a particularly rigid way, linked with a distribution of powers in the field of administration of justice that seemed to exclude the Autonomous Communities, led inevitably to that conclusion. However, both statutes as LOPJ as the current statutory reforms have tried different mechanisms of rapprochement between the two realities. The STC 31/2010 shows how these mechanisms are clearly limited by the constitutional provisions; only a constitutional reform would allow a true adequacy between the Judiciary and the model of State. The purpose of this paper is to see in which areas it can be, and what options are open in each.