Three Topics on the Expansion and Recognition of (New) Rights by the Constitutional Courts

Abstract

A collective work coordinated by Giovanni Azael Figueroa Mejía and Juan Manuel López Ull examines the role of constitutional courts in the expansion of fundamental rights, questioning the traditional model of the judge as a mere negative legislator. Through three thematic axes - the judicial function in constitutionalism, the interpretation of the Constitution, and judicial scrutiny in the face of normative discrimination - the legitimacy of the judge as an active agent in the realization of rights is argued. The book invites us to rethink the limits and scope of the judiciary in democratic contexts. The analysis highlights the relevance of these debates in the current Latin American legal scenario.