MOTIVATION AND RATIONALITY OF THE VERDICT: A COMPARATIVE STUDY OF THE ORGANIC LAW OF THE COURT'S JURYAuthor:
VELEZ RODRÍGUEZ ENRIQUE.
Year:
2005.
University:
PAÍS VASCO [
www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.
Summary: In the history of democratic constitutionalism has been associated with the jury with the basic principles of the liberal state. Through this institution popular sovereignty is expressed through its participation in the administration of justice, notably through the exercise of jurisdiction. The State must provide the legal means to which it is operational. The jury involves a transition to a different methodology to the prosecution that both in law and in the Spanish American legislation aspires to be an element of deep impact on the culture procedure. Through the institution of the jury had opted for a Latinization of justice in the American legislation originates with arrival of commom law and its institutions through the English metropolis. Consistent with the historical circumstances of the eighteenth century, the jury trial is set not only as a form of judicial process but as a fundamental right of citizens. In Spain since the launch of the institution of the jury in the nineteenth century, the institution is reflected in periods of full appreciation of the freedoms for which the jury traditionally has served as a representative institution through the configuration of a right the duty of those who are part of the institution of the jury. In the foregoing, joins the model sui generis Jury in Spanish law which makes it an ideal reference for study from the perspective of comparative law.