Work

The Role of Constitutional Courts: Limits of Judicial Activism and the Safeguarding of Democratic Processes

Year: 2024

Type: article

Abstract: Federalism and the Rule of Law require a public body to assume a key role in constitutional oversight, a responsibility often assigned to the Courts across various models, such as the diffuse system in North America, the concentrated system in Europe, and hybrid systems like Brazil's.This paper not only examines this role but also considers how Courts may expand their influence, sometimes encroaching on legislative domains.While proponents of judicial activism argue for greater judicial independence in enforcing the Constitution, proceduralists contend that the Courts should primarily ensure the functioning of legitimate political processes.This study explores the boundaries of constitutional interpretation and the safeguards necessary to preserve judicial authority, relying on bibliographical and case law research, along with the deductive method.

Source: Estudios constitucionales

DOI: 10.4067/s0718-52002024000200010

Authors: Emerson Ademir Borges de Oliveira, Lara Guimarães Piacenti, Guilherme Moraes Cardoso

Institution: Universidade de Marília

Language: English

Topic: Judicial and Constitutional Studies

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

Funder: Coordenação de Aperfeiçoamento de Pessoal de Nível Superior