Analysis and contrast of the System of Selection of High Judicature in Honduras

Abstract

In the different laws of countries are established schemes to choose the High Judiciary as it is observed in studies among which stand out those carried out by Gutierrez de Colmenarez (2006) and (Guarín et al., 2019). In this context, it is intended to analyze and contrast the new system of selection of the Judiciary adopted by Honduras, using the qualitative approach of juridical research, legal hermeneutics, documentary analysis and Comparative Law. Then, it can be affirmed that there is an evolution about compliance with internationals standards however this was not extensive to the Legislature which continues deciding politically. Consequently, this circumstance is not different from other regional countries but in relation with Italy, it is too simplified. From the analysis it is observed that new process is based on principles that promote the strengthening of the Rule of Law, as well as it is evident that while the Legislature continues to choose the High Judiciary without criteria standardization and discrediting the judicial career it does not represent a deep reform. Regarding the comparative with other legislations there are minimal differences, the only important one is related to the entity that defines the profile of candidates and appoint them.