Transformations of justice and the process in the face of the challenges of the 21st century

Related the work «Derivas de la Justicia. Tutela de los derechos y solución de controversias en tiempo de cambios» by Professor Teresa Armenta Deu

Abstract

In this work, an analysis is made of the moment we are living in justice and in the discipline of procedural law. It locates the edges that must support the challenges that come with the change of paradigm with the guarantee of human rights, the future of democracy and the rule of law. The market has shown itself to be a sort of legislator not legitimized at the ballot box, imposing rules –with apparent voluntariness– and, at the same time, the executive power is occupying more and more spaces –with disguised discretionary power–. There is less and less intervention by the State and more autonomy of will, in a globalized world where litigation is made difficult by the unevenness of the normative level, the inexistence of a supranational jurisdiction with competences, at times. As a backdrop, the inequality of weapons and the irruption of Artificial Intelligence (AI). These changes could undermine the sense and physiognomy of Justice as we know it. It is up to the Academy to take a step forward with a research committed to the basic elements that make up democracy, in its truest sense. This reflection is done after Reading the Professor Armenta Deu’s work «Derivatives of Justice: Protection of rights and dispute resolution in times of change».