The Right as an Instrument of Accomplishment of the Justice and the Constitutional Mission of the Judge in the Declaration of the Sentences

Abstract

The article upholds that one may, in judicial decisions, under the current constitutional order, attempt to reach fairness brought by convention in legal rules and not natural fairness, according to individual feeling and the Judge's subjective feeling of Justice even though contrary to the provisions of legal rules. Further: it focuses law, set forth in the rules which make up the legal system, as the instrument necessary to do justice, which is construed as the attribution of a good, which is the object of dispute in a judicial controversy, to one of the subjects of such dispute, according to the decision which the Judge reaches through compliance with and the regular enforcement to the case of all imperative legal rules, whether of public or private law, or of material or procedural law, with due regard to the concrete circumstances. That is the mission which has been imposed upon him by the Constitution. It is not enough, however, to merely comply with the legal rules in the judicial decision, The decision must result from the enforcement of general principles laid open by the science of law.