Análisis doctrinario y juridico del principio de independencia del juez en los sumarios administrativos.

This thesis comprises a detailed study of the problem of research brings because of the principle of impartiality of the judge within the administrative proceedings in which the judge seeks to ensure that in the search for the real truth, the Administration act with objectivity in decision-making and with absolute respect for individual rights and legitimate interests of the governed. However, it is known that this provision is questionable when the administration itself that, in the resolution of a particular case, acts as judge and jury. In this regard the Constitution of the Republic of Ecuador in Article 76 letter k) the right people to be tried by a judge or independent, impartial and competent judge; also determined that no one shall be tried by special courts or by special commissions created for that purpose, the constitutional provision in its essence is prevent manipulation in the administration of justice, ie, try to avoid that by changing the court has to know litigation or, if the composition of that court can influence the outcome of the process. The judge's legal predetermination is a guarantee of the impartiality and independence of judges. The violation of the principle of impartiality leads to the illegitimacy of the act, under the listing of excess power, weighted by the absence of a comparison between the various interests, public and private, on which the act is incident. At present, the so-called principle of impartiality has been recognized the character of "immanent principle of law" applies even in private labor relations. The independence of the judge or court dealing with a process is an essential principle of due process. Factors that influence the independence of judges have been articulated to some extent in the Basic Principles on the Independence of the Judiciary. These include the separation of powers; separation protecting the judiciary from undue external influence or interference practices and safeguards its independence as the expertise and tenure of judges. The notion of independent and impartial justice, then, is a requirement of validity to the process, and a guarantee that promises jurisdiction. Sometimes it depends on external factors such as political decisions or emergency situations that compromise the regularity of the proceedings and undermine the foundations of due process; in others the quality of the weighted function and, consequently, the independence and impartiality pass condition values.

• Autor principal: Gordillo Cordova, Marcia Carmelina (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2014
• Accés en línia: http://dspace.unl.edu.ec/jspui/handle/123456789/16053