El Activismo Judicial en la era Neoconstitucional

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Judicial Activism in the neoconstitutional era

<p>Facing the intense advancement of neoconstitutionalism statements
not only in the constitutional regulation
but also in the actions of constitutional judges
we are in a new stage
marked by the so called judicial activism. Far from the application of standards or rules
the application of principles and values
gives judges a powerful tool that can result in a marked discretion
which in turn can make judicial decisions to service private interest or ideologies. Considering the undeniable reality of the national legal scenery
it is also important to analyze the connotations of the constitutionalization of private law
as a reaffirmation of the mainstreaming of the state in society and a threat to individual liberties.</p>

Torres, L. F. (2013). Judicial Activism in the neoconstitutional era. Iuris Dictio, 13(15). https://doi.org/10.18272/iu.v13i15.716

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