Jurisprudencia Constitucional Transformadora en Ecuador, Bolivia y Colombia

Abstract:

This article argues that the transformative constitutionalism model has a vision about the type, role and design of judicial systems. First, the judiciary must adopt the strong but dialogical form of judicial review. Second, judges must promote social transformations when the other powers of the State do so. On the other hand, judges must defend social changes when the other branches have a regressive agenda. Third, the design of judicial systems must include mechanisms to extend the standing before the courts in order to the judges appears closer to the citizens’ social claims. The objective is to have a judiciary that is able to face, within its limits, the challenges posed by the different social, political and economic problems of Latin America through advances in the construction of the welfare state.

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