Abstract

MARTINS ALYES, Luís Carlos. THE JUDICIAL ACTIVISM OF THE "ROBED REPUBLIC" AND THE RULE OF LAW IN THE "PARLIAMENTARY DEMOCRACY". Int. Law: Rev. Colomb. Derecho Int. [online]. 2015, n.27, pp.167-198. ISSN 1692-8156.  https://doi.org/10.11144/Javeriana.il15-27.oajr.

In this paper, a brief analysis about judicial activism and the principle of strict legality in jurisprudential dynamics of the Supreme Court, under the lights of popular sovereignty and the separation ofpowers will be made. The judicial activism is understood as the ability of the judiciary filling gaps occurred in the face of unjustified regulatory omissions unconstitutional. Judicial activism is valid only for the satisfaction of constitutional rights, but they are with their exercise unviable against the unjustified omission of the Legislative or Executive. Analyze the limits and possibilities of activist practice, especially the principle of strict legality, which comes to the constitutional requirement of necessary intervention of the legislator to regulate certain matters normatively. Reap some decisions of the Supreme Court, and check if these decisions reveal an activist or arbitrary posture.

Keywords : Constitutional Law; Popular sovereignty; Separation of Power; Principle of strict legality; Federal Supreme Court; Judicial activism.

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