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Ius et Praxis

On-line version ISSN 0718-0012

Abstract

ALVARADO ROJAS, Claudio  and  SILVA IRARRAZAVAL, Luis Alejandro. Constitucional supremacy and social rights: towards the judicialization of politics?. Ius et Praxis [online]. 2020, vol.26, n.2, pp.32-54. ISSN 0718-0012.  http://dx.doi.org/10.4067/S0718-00122020000200032.

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.

Keywords : Judicialization of politics; Constitution; constitutional supremacy; social rights.

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