The following work attempts to define the scope of judicial activism in a state subject to the rule of law (State of Law). In sum, it defends a moderate legal positivism system: judges' creativity must be subject to the Constitution and the legal system.
Bernal Cano, N. (2015). The Legal Reasoning of the Judge and the Mixed Forms of Constitutional Justice from a Comparative Perspective. Revista De Derecho Público, (74), Págs. 11–32. https://doi.org/10.5354/rdpu.v0i74.36928