Towards the government of judges? A case of usurpation of executive functions by the Judiciary. Commentary on the judgment of the Supreme Court López y Ceballos, roll 17393-2015, of November 18, 2015
Authors
Luis Alejandro Silva Irarrázaval
Universidad de los Andes, Chile
The ruling of the Supreme Court, López y Ceballos, represents a further step in the advancement of the courts of justice within the areas of competence typically reserved for political bodies. With its performance, the highest Chilean court interfered in one of the exclusive powers of the President of the Republic, which is the conduct of the country’s foreign relations. Regardless of their motivations and arguments, this judicial decision can be interpreted as another sign of the phenomenon known as judicialization of politics. In general terms, this phenomenon implies a weakening of the political powers in the tasks of government and organization, which is compensated by the judges through an activism supported by the rhetoric of human rights.
Keywords:
Judicialization, international relations, President of the Republic
Silva Irarrázaval, L. A. (2018). Towards the government of judges? A case of usurpation of executive functions by the Judiciary. Commentary on the judgment of the Supreme Court López y Ceballos, roll 17393-2015, of November 18, 2015. Revista De Derecho Público, 323–336. https://doi.org/10.5354/0719-5249.2018.51265
