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Cuestiones constitucionales

Print version ISSN 1405-9193

Abstract

SANTOS VALDES, Andrea. The Judicial Activism of the Supreme Court of Justice of the Nation: an Analysis of amparos en revisión in Relation to the Free Development of the Personality. Cuest. Const. [online]. 2023, n.49, pp.347-390.  Epub June 30, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.49.18588.

This work tries to give an account of the debates around judicial activism, understood on the one hand as a judicial practice that can be harmful to the States, since it represents a transgression to the division of powers and the principle of impartial justice; and on the other hand, understood as a practice that protects and strengthens human rights more effectively, while it contributes to the strengthening of constitutional states of law. In this situation, an analysis of some judgements of the Mexican Supreme Court is proposed, to contribute to the understanding of this controversial figure, and demonstrate that far from being harmful, it could provide the possibility to amplify human rights protection.

Keywords : judicial activism; Supreme Court; human rights; free personality development.

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