Francisco Marhuendadirector of the reason, has been invested as an academic number of the number of the Royal Academy of Jurisprudence and Legislation In a solemn act that took place this Monday in Madrid. In his admission speech, entitled The separation of powers and the future of the rule of lawthe journalist and professor expressed His gratitude for the honor received and offered a Deep analysis about historical evolution and current challenges of this fundamental principle for democracy.
Francisco highlighted the prestige of the institution, founded in the 18th centuryas a reference of Spanish legal culture and an essential link with Ibero -American countries. “Being part of this academy is an honor that imposes the commitment to live up to those who preceded us,” he said. He was grateful to the president, Manuel Pizarrofor their friendship, and the jurists who supported their candidacy, including José Antonio Escudero, Tomás Ramón Fernández, Juan Antonio Sagardoy and Antonio Fernández de Buján, who responded to his speech. He also had words of recognition for Consuelo Madrigalwho encouraged him to take this step, and for his family and friends, pillars of his personal and professional career. Began by making a countenance of José Juan Pintó Ruiz, its predecessor in the Royal Academy.
The core of your intervention focused on the separation of powersa concept that drew from ancient times to modernity. Going out to Athenian democracy and the Roman Republic, Francisco Marhuenda stressed how these civilizations laid the foundations for limiting power and avoiding tyranny. “Greece invented democracy and Rome bequeathed the rule of law,” he said, highlighting the influence of thinkers as Polybio, Locke and Montesquieu. The latter, with his theory of division between executive, legislative and judicial, marked a milestone in constitutionalism, inspiring systems such as that of the United States.
The academic Francisco also addressed the contribution of Christianity, with his emphasis on human dignity and justice, and of the Enlightenment, which consolidated reason as the foundation of legitimate power. However, his speech took a critical tone when analyzing the current situation in Spain. He has warned about the risk of an “illiberal democracy”, due to practices such as the abusive use of the real law, which he described as “unwanted derivation” for circumventing the parliamentary debate. He criticized the politicization of public administration, where merit has been relegated to partisan loyalty, and the influence of the Executive in the Legislative and the Judicial, weakening the essential counterweights of the system.
Francisco Marhuenda reads his speech of admission to the Royal Academy of Jurisprudence and Legislation.Marhuenda expressed concern for the Constitutional Court, turned into a “counterpower” with magistrates of marked political profile, and for attempts to control justice and the media. “The Constitution cannot relativize for political convenience,” he said, alerting on measures such as the proposal to suspend judicial processes that affect relatives of the President of the Government, something unpublished in consolidated democracies. He has also denounced the use of the State Advocacy for partisan purposes and the lack of independence of the Fiscal Ministry.
In a context of polarization and boom of extremisms in Europe, aggravated by crisis such as the war in Ukraine, Francisco Marhuenda called to defend the 1978 Constitution, the origin of Spanish stability. He proposed reforms to guarantee the independence of the powers, as an electoral system that avoids Caesarism and a greater professionalization of the administration. He cited the Taiwan model, with additional control and exam powers, as an example to consider.
The speech has ended with a call to political dialogue and transparency to counteract citizen demotivation and strengthen the rule of law. “If I have contributed to this reflection, I am satisfied,” Marhuenda concluded, before an auditorium composed of jurists, academics and public figures. Among the attendees, were the president of the PP, Alberto Núñez Feijóothe mayor of Madrid, José Luis Martínez-Almeidathe magistrate Enrique López, or the writer Juan Manuel de Prada.
At the end of the reading of the speech, Marhuenda answered Okdiario questions and assured that “the rule of the right is still solid, but It is suffering impressive attacks by this government And its allies, which is something that has been a collective success, which is the transition, the Constitution. We are in danger of deteriorating and ending, as they say, in an authoritarian system. That is, now it may seem impossible, but it is what is called a liberal democracy that ends with authoritarianism, where democratic terms are effectively used.
For Enrique López Marhuenda “is a Renaissance man.” On whether the rule of law is solid, he said that “it has many enemies and in Spain and in other countries, but it has many enemies. And, precisely those who believe in the rule of law, those who believe in freedom, those who believe in fundamental rights, in equal equality, we have to do a lot so that the rule of law remains what must be a real rule of law and not a State at the service of political power but to the service of citizens.
On whether the rule of law is solid in Spain, Alberto Núñez Feijóo He believes that «the rule of law at this time in Spain is the More liquid state that we have had since 78.
For its part, Almeida He believes that “the rule of law is solid and that Pedro Sánchez is doing everything possible to weaken it.”
The writer Juan Manuel de Prada He believes that «at the moment institutions in Spain are very deteriorated, tremendously deteriorated. Somehow it is what his speech has treated and I believe that the works he has done are undeniable ».
