TY - JOUR
T1 - El activismo judicial del juez constitucional en iberoamérica
AU - Molina Betancur, Carlos Mario
AU - Silva Arroyave, Sergio Orlando
N1 - Publisher Copyright:
© 2020, Centro Estudios Politicos Constitucionales. All rights reserved.
PY - 2020/1/1
Y1 - 2020/1/1
N2 - The concept of judicial activism is an American creation with a lot of influence in Ibero-America. Through the years, many definitions have been given to judicial activism, which merges with the expression «government by judges». The concept has been criticized lately by the doctrine due to its different meanings, despite some interpretations of the Supreme Court of the United States allowing, from the judicial perspective, to better identify the cases in which the judges are called to be activists. However, these interpretations of judicial activism must be adapted to be correctly used in the Ibero-American context, because of the particularities of social inequality, problems in the distribution of wealth and the malfunctioning of democratic mech-anisms, which varies widely in our culture.
AB - The concept of judicial activism is an American creation with a lot of influence in Ibero-America. Through the years, many definitions have been given to judicial activism, which merges with the expression «government by judges». The concept has been criticized lately by the doctrine due to its different meanings, despite some interpretations of the Supreme Court of the United States allowing, from the judicial perspective, to better identify the cases in which the judges are called to be activists. However, these interpretations of judicial activism must be adapted to be correctly used in the Ibero-American context, because of the particularities of social inequality, problems in the distribution of wealth and the malfunctioning of democratic mech-anisms, which varies widely in our culture.
KW - Government by judges
KW - Judicial activism
KW - Judicial interpretation
KW - Limitations on freedom of interpretation
KW - North American Supreme Court
UR - http://www.scopus.com/inward/record.url?scp=85086719786&partnerID=8YFLogxK
U2 - 10.18042/cepc/aijc.24.04
DO - 10.18042/cepc/aijc.24.04
M3 - Artículo
AN - SCOPUS:85086719786
VL - 24
SP - 117
EP - 145
JO - Anuario Iberoamericano de Justicia Constitucional
JF - Anuario Iberoamericano de Justicia Constitucional
SN - 1138-4824
IS - 1
ER -