Article
English, Spanish
ID: <
oai:doaj.org/article:c763f46ef71e4b74b54b155169cdafc3>
Abstract
El Principle of legality requires the power to determine to include the judge as the addressee. The interpretation of a criminal provision which goes beyond its wording or the abrupt abandonment of a well-established precedent prevents the predictability of the legal answer. This, in addition to undermining some of the guarantees contained in that principle, curtails the right to liberty. Given the scale of such effects, the ordinary courts should be more committed to the defence of fundamental rights and assume that such protection is the only way of legitimising judicial work in a State governed by the rule of law.