THE JUDICIAL ACTIVISM AS AN INTELLECTUAL AND POLITICAL PROBLEM IN THE UNITED STATES: A CRITICAL ANALYSIS

The article presents a critical analysis on the academic and political debate about judicial activism in the United States. It presents, firstly, the emergence of activism as a problem in the public debate, and, secondly, the normative and analytical questions that it raises. In the final section, it shows the arguments of those who reject such problematic of the judicial activism. The article suggests, in conclusion, adopting another perspective and issues for research on law as a normative practice in contemporary constitutional democracies.