Judicial activism in Latin America: social movements and law. An approximation

Abstract

From conservative or progressive sides, it cannot be denied that in recent decades the judicial system of the Latin American constitutional courts have favored certain social movements.
This does not prevent, to dismiss, the dangers that this activism entails. Tension between state reason and legal reason. Ambivalence caused by the activity to characterize the court as a negative legislator or positive legislator.

Concern for individual guarantees or for the democratic political process. The imminent legislative function and even the constituent role assumed. The study outline historical considerations to support why there is a “publicist” judicial activism when it comes to address issues related to social movements within the Latin American constitutional courts, to then underpin some judgments of these countries, and end with others from Colombia