Judicial Activism and Individual Freedoms in the Constitutional State
An analysis of the Brazilian judicial system
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This work analyses the limits of Judicial Activism from the perspective of the Constitutional State. The problem that guided the research involves the question of whether there is democratic legitimacy for Judicial Activism in relation to the mitigation of Fundamental Rights embodied in individual freedoms in the system of the Constitutional State. The rule of law, the tripartition of powers and Fundamental Rights are the mainstay of the Constitutional State and are designed to protect the rights of the individual in the face of abuse by the State. Among the specific research objectives, we se...
This work analyses the limits of Judicial Activism from the perspective of the Constitutional State. The problem that guided the research involves the question of whether there is democratic legitimacy for Judicial Activism in relation to the mitigation of Fundamental Rights embodied in individual freedoms in the system of the Constitutional State. The rule of law, the tripartition of powers and Fundamental Rights are the mainstay of the Constitutional State and are designed to protect the rights of the individual in the face of abuse by the State. Among the specific research objectives, we seek to identify the power relations in the contemporary State and the constitutional guarantees for the protection of the citizen; to understand how Fundamental Rights and the freedoms of the citizen have evolved in the Democratic State of Law; and to verify the jurisdictional function and the limits of interpretation of the Members of the Judiciary in the aegis of the Constitutional State.
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