DERECHO PÚBLICO, TIEMPOS DE CAMBIO Y ACTIVISMO JUDICIAL

In this paper we begin by examining the evolution of jurisdictional activity, both with reference to its relative weight in the “checks and balances” system, and in relation to changes in the vision of law, particularly in times of what has been called the “Liquid Law”, typical of postmodern society.
In this context, the notions of judicial activism and “judicialization” of political activity will be analyzed from a doctrinal and jurisprudential perspective, exploring its origins in the jurisprudence of the US Supreme Court.
Next, the evolution of the jurisprudence of the Uruguayan Supreme Court of Justice will be studied in order to show the confrontation of arguments around the question of judicial activism.
To conclude, we will outline some final reflections on the topic, even taking into account it is a topic in which we consider extremely difficult to arrive at definitive conclusions.