The values and principles of justice and equity in the drafting of the judicial decision
Abstract
A Court Order does not necessarily provide respect to the principles of justice and equity, mainly because it does not address the personal considerations of the litigants but only their objective elements materialized in a legal context (interests, rights, obligations). Similarly, the inflexible nature of the law, mainly due to its general quality, prevents the judge from observing a number of circumstances surrounding the conflict of interests, which may result in a valid ruling but illegitimate insofar that it fails to meet the principles of justice and fairness.
Downloads
Metrics
Métricas alternativas
The authors retain their copyrights and register under the Creative Commons Attribution 4.0 International License (CC BY 4.0), which allows the use of the published material (adapt - remix, transform and build - and share - copy and redistribute - the material in any medium or format).
1. The journal allows authors to retain their copyrights of submitted articles without any restrictions.
2. Authors retain the right to share, distribute, copy, perform and publicly communicate the article published in Revista Oficial del Poder Judicial (e.g., place it in an institutional repository).
3. Authors retain the right to make a subsequent publication of their work, to use the article or any part of it (for example: a compilation of their work, notes for conferences, thesis, or for a book), as long as they indicate the source of publication (authors of the work, journal, volume, number and date).
