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The trust in the virtues of the constitutional judge and the aporia of judicial self restraint principles

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No. 94 (2021): 1er. Semestre
https://doi.org/10.5354/0719-5249.2021.60961

Abstract

The problem of the limitation of the power of the constitutional judges has been mainly approached in a perspective that this article proposes to denominate as of «confidence in the virtues». Within this approach, three versions are identified: the one that offers a model of an ideal constitutional judge; the one that develops interpretive tools for the constitutional adjudication; and the one that proposes to focus on the personal virtue of the constitutional judge. This paper argues that the approach described is relevant to the self-understanding of constitutional judges and interpretation, but as a mechanism designed to limit power is insufficient. Concludes that effective control of the power of the constitutional judge will necessarily rely on institutional arrangements.

Keywords:

judicial self-restraint, deference, presumption of constitutionality, judicial virtue, political questions

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Busch Venthur, T. (2021). The trust in the virtues of the constitutional judge and the aporia of judicial self restraint principles. Revista De Derecho Público, (94), 17–49. https://doi.org/10.5354/0719-5249.2021.60961
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Revista de Derecho Público
Facultad de Derecho
Universidad de Chile
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