JUDICIAL ACTIVISM AND THE NEED FOR SEPARATION BETWEEN LAW AND POLITICS TO PRESERVE THE RULE OF LAW

Abstract

The main objective of the present study is to analyze the concept of judicial activism, as well as the legal and political contexts surrounding it. Starting from a brief explanation of the separation of powers, this study sought to ensure an understanding of the typical functions of the Judiciary, as well as its independence and relationship with politics, in order to then conceptualize and analyze judicial activism itself. Finally, based on the completion of the study at hand, it is concluded that there is an immense need for a balance between Law and Politics, preventing courts from acting guided by political and social foundations, to the detriment of the legal system, thereby emptying its core role and its own authority and validity as an institution.