Abstract

MAGOJA, Eduardo Esteban. Judicial activism in the environmental rule of law. Ius Humani [online]. 2023, vol.12, n.1, pp.67-87. ISSN 1390-7794.  https://doi.org/10.31207/ih.v12i1.322.

The emergence of the environmental rule of law offers a new scenario regarding the judicial function. In this sense, the judge, far from limiting itself to mechanically applying the rules, is active and has broad normative powers. This characterization encourages us to seriously think about two problems in particular: on one hand, wide judicial freedom can become a risk for the institutionality of law and the power division scheme; on the other, it can violate the citizensʼ constitutional guarantees.This paper aims to discuss those two problems. It will seek to argue in favor of the thesis that proactive judicial practices would fall prima facie into justified activism as long as certain limits are respected (procedural and related to the state organization) and that there is a serious commitment to human rights, the defense of the collective good of the environment, and the realization of environmental justice.

Keywords : Judicial Activism; Environment; Environmental Rule Of Law; Environment Justice..

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