USE OF PRINCIPLES BY THE STF IN THE CONTEXT OF JUDICIAL ACTIVISM AND THE BACKLASH EFFECT: READINGS OF ANTIPOSITIVISM AND LEGAL REALISM
DOI:
https://doi.org/10.51891/rease.v9i10.11724Keywords:
Judicial activism. Backlash effect. Principles.Abstract
This article sought to discuss how the use of principles can generate the institute knowledge as 'judicial activism' and questioning the possible consequences of decisions based on a moral pre-defined by the interpreter can generate legal uncertainty and conflict with other institutional powers. This article also sought to understand the so-called backlash effect.
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Published
2023-11-09
How to Cite
Fonseca, S. O. G. (2023). USE OF PRINCIPLES BY THE STF IN THE CONTEXT OF JUDICIAL ACTIVISM AND THE BACKLASH EFFECT: READINGS OF ANTIPOSITIVISM AND LEGAL REALISM. Revista Ibero-Americana De Humanidades, Ciências E Educação, 9(10), 1791–1802. https://doi.org/10.51891/rease.v9i10.11724
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Atribuição CC BY