As is publicly known, the appreciation for the role of Justice in our environment is not what stands out but rather a condemnation of its performance, certainly not in all cases since there are undoubtedly honest judges and prosecutors. When the polls are consulted about the Argentine institutions of the moment, the firefighters usually appear leading the efficiency and dedication and the Justice appears very displaced.
The main criticism is that the Judicial Power in general has been moving according to the political color of the Executive, which naturally deteriorates the whole meaning of the necessary judicial independence that disfigures and degrades the image of Justice with wide eyes and consequently with a balance. unbalanced (as represented with respect to the first ingredient in the Argentine peso bill in the time of Perón).
To rectify this dangerous course there are some aspects that should be taken into account. First and foremost, it is an essential requirement to understand what the law is in relation to milestones and extramural reference points of positive law against the current of the unhealthy legal positivism that has unfortunately wreaked havoc on many of the law schools.
In this sense, it is highly recommended to read one of the three-volume works of the Nobel Prize. Friedrich Hayek titled Law, legislation and freedom where the central axis precisely alludes to the essential difference between law and the mere legislation that turns its back on the sense of law itself, which makes it become “legal dispossession” as Frederic Bastiat has emphasized in his famous book that he carries title The law.
Second, what he has repeatedly pointed out Alejandro Fargosi in the sense that the Council of the Magistracy is designed in such a way that it fulfills its original mission in terms of avoiding by all means that the appointment of magistrates is carried out in an irregular way. Perhaps this will improve after the 2006 provisions on this matter were declared unconstitutional, after fifteen years.
Third, as among others the federal prosecutor has pointed out Federico Delgado to ensure that in the making of the file the deadlines for pronouncements are met and, fourth – also linked to the deadlines – avoid at all costs the permanence of subrogatives instead of appointing holders.
All procedures that must be linked to what we left consigned first in relation to the understanding of the law and that we now expand with the meaning of the Republic.
The components of the republican system are five: the alternation in power, the responsibility of the rulers before the ruled, transparency in government acts, the division of powers and equality before the law.
In this journalistic note we stop at this last fundamental element in its two aspects. First, understand that equality before the law is an indissolubly tied and anchored notion to Justice that according to the classical definition means “to give each one his own” and “his own” refers to private property, an institution so battered in our country.
Lacking that anchor, it can be interpreted as that everyone is equal before the law to march to a concentration camp.
Second, but closely linked to the first, it should be noted that it is about equality before the law and not through it, as is often done by resorting to the legal structure to run over the governed, turning them into subjects of a Leviathan that imposes unbearable taxes, colossal inflations, chronic deficits, astronomical debts and suffocating regulations.
It is necessary to review the writings of the great masters of law in our country as Amancio Alcorta, José Manuel Estrada, Juan González Calderón, Marco Aurelio Risolia and Segundo Linares Quintana. These teachings will greatly facilitate the recovery of Justice so necessary to have a free society.