Abstract

VARGAS-CHAVES, Iván. DOCTRINAL ELEMENTS FOR THE STUDY OF ARGUMENT AS A PILLAR OF JUDICIAL CONTROL. Prolegómenos [online]. 2013, vol.16, n.32, pp.235-246. ISSN 0121-182X.  https://doi.org/10.18359/dere.774.

This article evaluates several proposals about the argumentation as a necessary requirement in any exercise of judicial review. The proposals are analysed through many doctrinal approaches. For instance, the argumentative democracy; the interpretation and the justification of the decisions; the balancing and the principles. Our intention in this study is neither to analyze some problems and its solutions; rather, it is to present the state of the art in several theories about the role of argumentation in the context of judicial review.

Keywords : Argumentation; Argumentative Democracy; Balancing; Judicial Review; Principles; Interpretation.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )