Abstract

RIVAS-ROBLEDO, Pablo. What Is Judicial Activism? Part II: A Definition Beyond Overreach of Duties. Díkaion [online]. 2022, vol.31, n.2, e3126.  Epub Aug 11, 2022. ISSN 0120-8942.  https://doi.org/10.5294/dika.2022.31.2.6.

This is the second part of a paper on the definition of judicial activism. The first discussed some theories on judicial activism and proposed a series of desiderata for a definition of judicial activism. This second part argues that defining judicial activism as the intentional modification of competence by the judge through his decisions follows the four identified desiderata and overcomes the criticisms made against previous theories.

Keywords : Constitutional norms; normative systems; Eugene Bulygin; modification of competence.

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