El rol del juez en una sociedad democrática
The debate on the role of judiciary in a society and the foundations of the democratic legitimacy of its power has recently acquired a singular relevance. This article aims to bring clarity to the discussion, showing how legal theories have followed a pendulum, swinging between those who think the j...
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| Format: | Article |
| Language: | Portuguese |
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2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8697444 |
| Source: | Revista de Direitos e Garantias Fundamentais, ISSN 2175-6058, Vol. 16, Nº. 2, 2015, pags. 121-148 |
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| Summary: |
The debate on the role of judiciary in a society and the foundations of the democratic legitimacy of its power has recently acquired a singular relevance. This article aims to bring clarity to the discussion, showing how legal theories have followed a pendulum, swinging between those who think the judicial role and hermeneutical task as an intellectual activity -an act of knowledge-and those who see it as a creative activity-an act of will. Reflecting on the role of judges today raises questions about false dichotomies and encourages to collectively build a new legal and political common sense abandoning traditional legal paradigms. |
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