8.
In this type of organization, judges must renounce the rights inherent in their
condition as individuals with their own ideas, world views and values, to obey those of
the leadership of the corporation, becoming its subordinates.
9.
It is impossible to ensure judicial impartiality – which is implicitly essential for
judicial independence – by seeking to incorporate individuals who lack ideologies, values
and world views as judges, because they do not exist; at least, with minimum mental
health. Moreover, it is also impossible to do this by incorporating individuals who, in
order to remain in their posts, give up their personal values, ideas and world vision,
assuming those of the organ’s leadership, in an attitude of obedience, subordination and
inhibition, unworthy not only of a judge but also of any citizen.
10.
The only judicial impartiality – humanly and democratically possible and
imperative – is the impartiality provided by the internal pluralism of the Judiciary that
enables discussions and critiques among judges that are informative for public opinion
and for the judges themselves.
11.
No Judiciary is perfect, just as nothing human is perfect, and the urge towards
higher levels of perfection depends on the dynamic of open and democratic criticism,
especially within the Judiciary – in other words, among judges.
12.
To this end, it is evident that judges must be free from external pressure, but
also internal pressure from the collegiate organs themselves. The external independence
of the Judiciary, as a condition of the impartiality of the judges, is only achieved by also
ensuring the internal independence of judges that conditions ideological pluralism among
judges as a guarantee of the internal debates of the Judiciary.
13.
Judges are not employees or subordinates of the collegiate organs composed of
their colleagues. The Judiciary of every democratic State should be organized
horizontally. Thus, a democratic State with a verticalized Judiciary is as absurd as a
horizontalized army.
14.
The judicial structure of democratic States should respect – above all – the
personal dignity of every judge and, consequently, hierarchies among judges should not
be admitted, with superiors and inferiors, because this is true of the courts, but not of
the judges. There cannot be hierarchization among judges – all of whom areindividuals
and citizens – only different jurisdictions.
15.
Any corporative pretension conspires against the guarantee that everyone will be
tried by independent and impartial judges by subjecting them to judges who have
accepted the curtailment of their own right to express themselves freely and critically.
Hence, the individual who has renounced his civic freedom is not in a position to assess
that of others.
16.
It is not possible to ignore that any legal system that respects human rights must
respond to an non-transcendental concept of law as such; in other words, law whose
objective does not transcend the individual towards any ultrapersonal entity. It would
be difficult to apply law conceived in this way for an individual who – as a judge – was
subject to an ultrapersonal entity – in other words, immersed in a biased or transcendent
legal sector.
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