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

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.