History of Trial by Jury in the Spanish Legal System
|Author: ||Gleadow, Carmen|
Traces the emergence of the jury in 19th century Spain and its establishment and disappearances throughout 190 years of Spanish history. The work is inter-disciplinary, placing the successive Spanish jury laws within a general political and social context. It includes previously-unexplored material on the origins of the échevinat; it addresses issues not confronted by Spanish or other jurists, and it questions received wisdom.
“Dr. Gleadow relied upon extensive exploration of both the primary evidence of legal and constitutional texts and the secondary evidence of contemporary comment and debate. This is an approach which she extended fruitfully into her treatment of the subject in the present century, which is where the principal concern of her investigation lies. In examining the tortuous history of the definition and introduction of this important institution in the successive political climates of modern Spain, Dr. Gleadow has made use of ever-wider sources of information, culminating in her final chapters in which the constitutional debates of the post-Franco period are explored not only in printed sources but also through her interviews with leading participants in the process by which democratic institutions, among them the jury, were extended and consolidated, and by her direct observation of court practice.” – David Hook
Table of Contents
“Dr. Gleadow’s work on the Jury in Spain is more detailed and more comprehensive than anything else published on the subject, in English or in Spanish.. . . . fills an important gap in Hispanic studies and is a major contribution to our understanding of how the Spanish legal system has developed over nearly two hundred difficult years. . . . the preface by Dr. Gustavo López is an eloquent testimony to the importance of this book. He is an illustrious Spanish jurist and authority on the subject, and his willingness to attach his name to Dr. Gleadow’s book is striking evidence of its value.. . . . will attract the attention not only of Hispanists, but also of numerous persons who are becoming increasingly interested in the details of Spanish institutional life now that the country has become a major force in the European Union.” – John Butt
Table of contents:
Preface by Dr. Gustavo López
1. The jury and escabinado in Western Europe: trial procedure in 13th century Europe; the French Revolution of 1789; rise of 20th century European dictatorships and its aftermath – Germany, Italy and France
2. The jury as a limited experiment in Spain: 1808-1837 Absolute monarchy; 1837-1868 Constitutional monarchy
3. The extension of the jury to most crimes: 1868-1875 A revolution and a republic; 1975-1908 Restored monarchy
4. The end of a precarious journey and beyond: 1908-31 Parliamentary monarchy and dictatorship; 1931-36 The Second Republic; 1936-39 Civil war and another dictatorship
5. Administration of justice in Spain 1939-to the 1980s: Legal measures and the juducial situation under Franco; the judiciary after Franco
6. Main features of the arguments for and against the jury and the escabinado: philosophical grounds; socio-legal grounds; political arguments; economic arguments.
7. The Fundamental Law on the Jury of 22 May 1995: the ‘Fundamental’ status Law on the Jury of 1995; Main issues and concerns in the parliamentary debates on the jury; Fundamental Law on the Jury of 1995; The views of some members of the legal profession
Conclusions; bibliography; index