Judicial Impartiality, subjectivity and conviction: the Logical Judgement

Abstract

There are several studies on the procedural aspects of the judicial decision. However, only few of them have examined a key aspect of such decision: the psychological conviction of the judge. We focus, firstly, on the procedure aspects which compose the judgment, such as its elements, its nature, evidence and its evaluation principles; arriving, finally, to the logic judgment itself. From a substantial view, we pass through different elements which are closely related with the conviction of the judge and its limits; such as neutrality, discretionality and assessment when delivering the decision. Throughout different reflections and case law analysis, including a brief study on common law, we conclude that judicial subjectivity is much appreciated in our system. As well, we consider through this paper, possible mechanisms that assure control on such an abstract element, always taking into consideration its main purpose: bring justice.