In the absence of legal representation, there is no guarantee of fair legal outcomes.
In a democratic society, the presence of lawyers and jurists of recognized competence is a first-order democratic requirement. According to Daniel Berzosa, a renowned legal scholar, lawyers play a crucial role in safeguarding justice, upholding the rule of law, and promoting social justice.
- Guardians of Justice
Lawyers act as essential protectors of justice by ensuring that legal processes are followed and that individuals receive fair treatment under the law. They serve as intermediaries between citizens and the legal system, helping to safeguard rights and prevent abuses of power.
- Upholding the Rule of Law
In a social and democratic state governed by law, such as Spain, lawyers play a crucial role in maintaining the rule of law. They help ensure that laws are applied consistently and fairly, contributing to social order and legitimacy of the legal system.
- Defenders of Fundamental Rights
Lawyers are instrumental in defending fundamental human rights and freedoms. They provide legal recourse for individuals, particularly marginalized or vulnerable groups, enabling access to justice and equality before the law.
- Facilitators of Democracy
By supporting transparency, accountability, and legal scrutiny, lawyers uphold democratic principles. They challenge unlawful actions by authorities and defend democratic institutions, thereby strengthening democratic governance.
- Promoters of Social Justice
Beyond mere legal representation, lawyers contribute to social justice by advocating for legal reforms, protecting social rights, and addressing inequalities within society. This role is integral to the maintenance of a democratic state that is socially just and inclusive.
The practice of law faces growing challenges, including digitization, artificial intelligence, complexity of norms, and new legal conflicts. However, no technology can replace the prudent judgment, ethical responsibility, and conscious legal deliberation of a well-trained, free, and integrity lawyer.
Article 24 of the Spanish Constitution enshrines defense and legal assistance as a fundamental right within effective judicial protection. The legal profession fulfills a public function, making possible access to justice and the effectiveness of rights. The lawyer represents and defends the legitimate interests of individuals, guaranteeing the constitutional system, preventing law from becoming an inoperative normative discourse.
In an institutional system where functional profiles predominate, the lawyer contributes a different vision, closer to applied law, the concrete case, and the real conflict. The social and democratic state of law needs lawyers not only in courts but also in classrooms, councils, forums, and institutions.
The legal profession guarantees the constitutional system, and its existence as a free, independent, and ethically sound profession is fundamental to the constitutional state. Dictatorships always begin by silencing lawyers, as the first guarantee of a citizen against arbitrariness is their lawyer.
In conclusion, the practice of law is a civic responsibility, not just a privilege. Lawyers are indispensable in a democratic society as they maintain justice, uphold the rule of law, protect rights, and advance both democracy and social justice within the framework of a social and democratic state of law. The defense of lawyers and their essential role cannot be merely corporate; it must be constitutional.
