Judicial elections as a political question. A cavil on the plausibility of the subtraction of judicial elections from the control of constitutionality

Abstract

The judicial elections that should have been held in 2023 for the renewal of the personnel of the high courts of justice and councilors of the magistracy elected in 2017, will be remembered in the historical annals as an episode full of adversities that compelled the dictation of the extension and self-extension of judicial mandates. Among the causes for the procrastination of the judicial elections more than 1 year after the exceptional extension of functions, is the justiciability of the appointment process, a mishap that, in addition to postponing the election process, has recurrently frightened the citizenship with its suspension. Since what has arisen is likely to be reproduced in the future with analogous constitutional consequences, it is deemed pertinent to reflect on the plausibility of endowing the judicial electoral matter with the status of political question from a double plane: from the political reasons that allege its viability and the juridical reasons that support its refutation. Having completed the weighing of the convenience or reasonable.