Publicación

The impartiality of the judge as a challenge or the limits of an illusion

Gonzales Mantilla, Gorki

Resumen

The impartiality of the judge is the foremost condition of the justice system in a constitutional democracy. Ideally, it enables the administration of conflicts of interest within the judicial sphere and extends its influence as a standard of legitimacy for the social and political order. Drawing on the Peruvian case, this study explores its meaning as well as its limitations: it examines the relationships between impartiality, freedom of expression, and the open texture that emerges from judicial reasoning. The objective is to uncover the role that impartiality plays in relation to the influences acting upon the judge, which stem from institutional culture and are inherent to the judicial field.

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