Abstract

SCHARAGER, ANDRÉS. Of Authoritarian Judges and Progressive Defenders: Judicial Activism and Socio-Legal Controversies Amid the Execution of an Environment-Related Sentence. Estud. Socio-Juríd [online]. 2021, vol.23, n.1, pp.371-401.  Epub May 29, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.8804.

Based on the case of a sentence that ordered the government to build a towpath along a river in Buenos Aires, this article examines the socio-legal controversies aroused between a judge and the public defenders who represented the riverside's affected population. We shall find that the former, as he conducts the implementation of public policies, lessened the protection of social rights while the latter aimed at creating a conflict to make those rights the centre of the lawsuit. This work, based on a qualitative design that included in-depth interviews and document analyses, allowed examining the features of judicial activism in practice.

Keywords : Judicial activism; economic; social and cultural rights; public policies; social conflict.

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