EQUIDAD, INCLUSIÓN SOCIAL Y DEMOCRACIA: UNA RESPUESTA CRÍTICA A LOS ARGUMENTOS EN CONTRA DEL ACTIVISMO JUDICIAL

Abstract

This paper develops a critical analysis of arguments against judicial activism. We intend to show that judicial activism is an expression generally used to criticize the judiciary while adjudicating social rights. We argue that such adjudication fits perfectly well within the jurisdictional responsibility under the Chilean Constitution. Additionally, this adjudication is crucial in the context of an unfair society, as a mean to realize social justice and social rights. Consequently, this jurisdictional activity is not conflicting with the principle of democracy. As methodology we use a dogmatic analysis, concerning the adjudication of social rights.