The legal relevance of justice as a "constant and perpetual will" from the perspective of the right to effective judicial protection

Authors

  • Federico Bonaldo Pontificia Universidad Católica Argentina

Keywords:

Ulpian’s definition of justice; right to effective judicial protection;, judicial legal obligation of protecting rights effectively; State responsibility of promoting judicial ethics; ethical means to the proper administration of justice.

Abstract

The aim of this paper is to show that the judge’s inner or ethical disposition while he is judging has a legal relevance, not only a moral one. To this purpose, the permanent character of judicial obligation correlative to the right to effective judicial protection is examined. The characterization of such inner judicial disposition starts from the study of Ulpian’s classical definition of justice. At last, the paper notifies some means conceived in order that judges can obtain the mentioned inner disposition to do justice.

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Published

2023-06-30

Issue

Vol. 6 (2016)

Section

Research Articles

License

This journal and its works are published under the Creative Commons Atribución-NoComercial-CompartirIgual 4.0, which allows users to download, share, copy, and redistribute the material in any medium or format, provided that appropriate credit is given and a link to the license is included. It also permits users to remix, transform, and build upon the material, provided that any resulting work is distributed under the same license as the original. It does not authorize the use of the content for commercial purposes.

This license does not transfer moral rights, which remain with the author in accordance with copyright law.

How to Cite

Bonaldo, F. (2023). The legal relevance of justice as a "constant and perpetual will" from the perspective of the right to effective judicial protection. Revista Internacional De Derechos Humanos, 6, 99-119. https://ojs.austral.edu.ar/ridh/article/view/1153