Rule of law, judicial independence and government of the judiciary in Spain

One of the pillars on which the rule of law is based, regardless of whether one starts from a formal or substantive conception of the rule of law, has been and continues to be judicial independence. The courts play an essential role in ensuring that the executive and legislative powers do not exceed the limits of the norms that serve as the legal basis for their actions, which, if exceeded, imply the nullity or invalidity of such actions. Consequently, the courts that are called upon to control legislative and executive activity must be independent and free from any interference that might subject them to the will of the political power. Otherwise, there is a risk that they will not observe these limits or that they will interpret them extensively, "legitimizing legislative or executive actions that should be annulled".