Judicial activism. Pros and cons

VARIA

Abstract

What is the role of the judge in finding the truth? How active can the judge be to avoid being accused of activism? Does the role of the judge involve or require a dose of activism? If so, what dose? To what extent or how active/activist can the judge be in fulfilling his constitutional role (whether we are talking about justice in the traditional sense or constitutional justice). From this perspective, the present study is an invitation to reflection and debate, not so much on a rather vague concept, often imbued with subjectivism, as on a mission of the judge and, implicitly, on his competence and the limits of competence.

Keywords: judicial activism, judicial deference, constitutionality review, judicial dialogue