¿Jueces legisladores?

Abstract The judge’s acts through decisions that are each time more wide and generic show a performance resembling a legislator, creating solutions similar to the law. The subject raises questiones such as: are these actions possible? In other words: from a legal perspective, is it admissible or recommended this performance? On one hand, some of the classic characteristics of constitutionalism, such as separation of powers, do not corroborate with this posture. On the other hand, there are claims for the necessity of these actions in some cases, which requires certain abstraction. It can be ...