Judicialization, activism and fundamental rights: the warranty of assumptions essential to the democratic process for constitutional courts

Abstract

The work performed by judicial activism in preserving the dignity of the human person and for guarantee the conditions to exercising the democratic in a context of political and social judicialization and deficit of legitimacy and representativeness of democratic institutions is the subject of much debate. Investigates to what extent, how the achievement of goods and services by the Judiciary necessary for the enjoyment of a minimum core of fundamental rights is able to contribute to the protection of the general clause of the dignity of the human person and the achievement assumptions materials required to democratic debate.