Definition of

Judiciary

Magistrates

The office of magistrate is called magistracy.

Magistracy is a term originating from the Latin magistrātus . It is about the office of a magistrate and the length of time his position lasts .

The magistrate is a public official who holds an administrative or judicial position and is responsible for judging and enforcing what is judged. This official, therefore, must be impartial (without ties or interests with the parties involved in the case) and independent (cannot be influenced by other powers ).

Origin of the magistracy

The position of magistrate arose in Ancient Rome , when it was about citizens elected to administer and direct cities. In this case, the magistrates carried out both judicial and legislative and executive functions. Consuls , aediles and tribunes , for example, were magistrates. Over time, the Roman emperor began to gain more power and the magistrates lost powers.

Specifically, it must be emphasized that there was what was called the Roman Magistracy , which established that there were basically two types of magistracies: the extraordinary ones , among which was the dictatorship or the triumvirate , and the ordinary ones . The latter in turn were divided into two:

  • Majors : the consulate , the censorship and the praetorship .
  • Minors : sewing and edibility .

Likewise, within this type of magistracy, various powers were established that the magistrates had, such as the power to intervene in judicial matters, the ability to give orders, the power to represent the Republic in any relationship with a citizen. particular or even proceeding to seek what would be the support of the gods.

Judicial

Currently the idea of ​​magistracy can be associated with different organizations and institutions.

The concept in Spain

Currently the magistrates are very far from having the power of the first Roman magistrates. A magistrate is an official who is part of a higher court of justice or who serves as a judge . The group of magistrates is known as the magistracy.

Currently, in Spain , we have to highlight the existence of what is known as the Professional Association of the Judiciary ( APM ), which is made up of judges, which is one of the five of this type that exist in said country and that clearly identified as having a fairly conservative ideology.

In addition to all this, and as expected, this entity, which has approximately 1,300 members, has the clear objectives of protecting and defending the rights of its users and, in general, what would be the general interest of professionals in the field. judicial. It is also interesting to highlight that it advocates political neutrality and judicial independence, which basically becomes a guarantee for citizens.

Judiciary in Argentina

In Argentina , the Judicial Council is a constitutional body that is responsible for nominating candidates for judges, who will finally be appointed by the President of the Nation in agreement with the senators. This body also controls the activity of judges and is authorized to open political trials to those who do not comply with their duties.

Judges, senators, deputies, lawyers, representatives of the Executive Branch and members of the academic sector are the members of the Judicial Council , which is renewed periodically.