Grave Error

As a U.S. trained lawyer living in Spain and following Spanish politics, I am often frustrated by Spain’s political debates and constitutional system. In the US, there is a very clear cut definition of the roles of each of the three branches of government and a richly defined and well conceived division of powers amongst each. In the US, we are quite proud of our system of checks and balances, whereby each branch of government is allotted certain, separate and distinct powers with counter-balancing powers alloted to the other branches. This concept is known as the Balance of Powers.

In recent weeks, though, a debate in Spain has risen as to whether politicians should critique the decisions of judges. In other words, whether the Executive or Legislative Branches have the right to criticize the Judiciary Branch and whether, if so, politicians are in fact questioning the very independence of the Judicial Branch. This entire debate has come about due to certain judicial decisions (and pending decisions) with respect to members of ETA. PSOE, the ruling political party, has denounced the PP, the opposition party, for second guessing judges. Although, in my mind, PSOE is only arguing for total deference to judicial independence to keep from getting its own feet wet, PSOE is completely mistaken in it logic because of the very nature of the Spanish constitutional system which is actually in need of either restructuring or greater Executive, and Legislative oversight. Allow me to explain:

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