Constitucional supremacy and social rights: Towards the judicialization of politics?

Claudio Alvarado Rojas, Luis Alejandro Silva Irarrázaval

Research output: Contribution to journalArticlepeer-review

Abstract

This paper suggests that the phenomenon known as judicialization of politics mirrors a specific conception of the supremacy of the Constitution. This conception understands constitutional supremacy as a tittle to the judge for disregarding any statutory determination when protecting fundamental rights. To support this statement, we focus on what different local authors have said about judicial enforcement of social rights. Particularly, we are interested in the place that statute law and, by extension, political branches has in these authors' framework. From that analysis stems that those who are in favor of judicial enforcement of social rights have a lower standard of deference towards statutory law and therefore stimulate judicial activism with its consequence: the weakening of the political dimension of the Constitution.
Original languageAmerican English
Pages (from-to)32-54
Number of pages23
JournalIus et Praxis
Volume26
Issue number2
DOIs
StatePublished - 1 Aug 2020

Keywords

  • Constitution
  • Constitutional supremacy
  • Judicialization of politics
  • Social rights

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