Abstract

MEJIA TURIZO, Jorge  and  PEREZ CABALLERO, Roberto. Judicial activism and its effects on the division and balance of powers. Justicia [online]. 2015, n.27, pp.30-41. ISSN 0124-7441.  https://doi.org/10.17081/just.3.27.319.

With the present paper is to explain theoretically the phenomenon of judicial activism blurs the jurisdictional limits of the exercise of public powers in favor of the judge, so depending on the perspective of balancing or intruder can be seen as legitimate or illegitimate. Also, it will be supported under what circumstances ajudge creates law, taking the form of positive legislator, also will illustrate when acting as negative legislator and under what budget as judge-administrator. Finally, we argue the present system of checks and balances in Colombia suffers from an imbalance profitable for the judiciary.

Keywords : Judicial activism; udge positive and negative legislator and Judge administrator.

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