The Third Party. Jurisdiction and the Judge in the Constitutional State

By Perfecto Andrés Ibáñez. Madrid: Trotta, 2015, 556 pp.

Abstract

This review examines Perfecto Andrés Ibáñez’s work *Tercero en discordia. Jurisdicción y juez del Estado constitucional*, highlighting its comprehensive analysis of the judicial function within the framework of the constitutional rule of law. The book, structured in nineteen chapters, addresses the main issues related to the judiciary from historical, theoretical, dogmatic, and comparative perspectives, with special emphasis on the role of the judge as a guarantor of fundamental rights.

Building on a theoretical foundation rooted in the principle of guarantees, the work explores the implications of constitutionalism for the judiciary, particularly regarding judicial independence, constitutional interpretation, and the judge’s role in the protection of rights. It also examines aspects such as the institutional organization of the judiciary, impartiality, legal argumentation, the treatment of facts, judicial ethics, and the relationship between the judiciary, political power, and the media.

The review highlights the work’s relevance to contemporary legal debate, emphasizing its utility in rethinking the constitutional foundations of the judiciary and the institutional design of the judiciary, especially in contexts of constitutional discussion.