Serial Article
| DOI |
10.7336/academicus.2017.15.02 |
| URL |
https://academicus.edu.al/?subpage=volumes&nr=15 |
| Multiple Resolution: |
| MR URL |
https://academicus.edu.al |
| MR URL |
https://academicus.edu.al/nr15/Academicus-MMXVII-15-028-046.html |
| MR URL |
https://academicus.edu.al/nr15/Academicus-MMXVII-15-028-046.pdf |
| MR URL |
mailto:info@academicus.edu.al |
| MR URL |
https://academicus.edu.al/images/front_end/academicus.jpg |
| MR URL |
https://creativecommons.org/licenses/by-nc-nd/4.0/ |
| Acess Indicators: |
|
OA – Open Access |
| OA License |
https://creativecommons.org/licenses/by-nc-nd/4.0/ |
Full Title
English
(eng)
|
Academicus International Scientific Journal |
| Publisher (01) |
Academicus International Scientific Journal |
| Country of publication |
Albania
(AL)
|
|
ISSN
|
20793715 |
| Product Form |
Printed Journal
(JB)
|
|
ISSN
|
23091088 |
| Product Form |
Online Journal
(JD)
|
| Journal Volume Number |
15 |
| Journal Issue Date (YYYY/MM) |
2017 / 01 |
Title
English
(eng)
|
Confrontation Between Judicial Activism and State of Exception |
|
By (author)
(A01)
|
Alexandre Pedro Moura D’Almeida |
| Affiliation |
University Veiga de Almeida, Rio de Janeiro, Brasil, Doctoral Candidate |
| Number of Pages |
19 |
| First Page |
28 |
| Last Page |
46 |
| Language of text |
English
(eng)
|
| Publication Date (YYYY/MM) |
2017 / 01 |
| Copyright |
2017, Academicus |
Abstract
Main description
(01)
|
The judiciary has excelled in the international and national scene, reaching role of great importance, thus creating opposition
to the legislative and executive powers. The center of gravity of the sovereign power of the state moves toward the judiciary,
that happens to have a more active role and controlling of the others powers, but also appears as a great defender of social
and fundamental rights causes, seeking to make an effective constitution. Its great public notoriety has attracted great distrust
of various sectors of society, especially by the two powers that have an increasing interference. Arises, therefore, a speech
that the judiciary would be reversing into a big and uncontrollable power, increasing the suspicion that now it would be living
in a real dictatorship of the judiciary through judicial activism. There is a growing concern with the expansion of activism
and the role of the judiciary. The purpose of this work is to conceptualize and approach the judicial activism and the state
of exception to search and reveal if there is any similarity, to then draw up a possible answer to the concern of forming
a dictatorship of the judiciary. The state of exception is one of the rule of law paradoxes, while activism is a political
manifestation of the judiciary. The similarity between the institutes appears as appalling in a dynamic expansion of political
power of a state institution exercising judicial function, putting in check who would be the sovereign in a rule of law and
democratic state.
|
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