¿Qué es ser juez constitucional?

Authors

  • Gustavo Zagrebelsky Author

Keywords:

Constitutional law, democratic legitimacy, political independence.

Abstract

With the figure of constitutional justices we are not talking about a Trojan horse to state the universal rights dictatorship, but about an instrument for understanding our own national constitutions. As these latter have been evolving, we see that in the Colombian case between the constituent offspring and the following ones arises a relationship as the one between parents (“founding parents”) and successor children. Each heir’s offspring has the responsibility of “improving and perpetuating”-not throwing caution to the winds— the received legacy. Decisions of 5 to 4 or, in the Italian Constitutional Court of 8 to 7, always leave a dissatisfaction feeling as that of not totally accomplished duty. With these types of decisions, constitutional courts are exposed to political critic, which means having arbitrary conducted as little parliaments.

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Author Biography

Gustavo Zagrebelsky

Presidente Emérito de la Corte Constitucional italiana.

How to Cite

Zagrebelsky, G. (2009). ¿Qué es ser juez constitucional?. Díkaion, 15(2). Retrieved from https://dikaion.unisabana.edu.co/index.php/dikaion/article/view/1352

Issue

Section

Derecho público