Keywords
Popular sovereignty
Separation of Power
Principle of strict legality
Federal Supreme Court
Judicial activism
How to Cite
Abstract
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 of powers 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.This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
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