Jurisdicción y el papel del juez en el estado democrático de derecho: un cambio paradigmático en América Latina

Abstract

The model of the democratic state of law adopted by post-war Western democracies implies a paradigmatic, theoretical and pragmatic transformation of the jurisdiction and role of the judiciary. In this perspective, it is incumbent upon the Judiciary to contribute, effectively, to the realization of the constitutional project of the democratic society. That requirement implies a change to a new epistemology to the understanding of social, economic, political and juridical phenomena, which must be capable of overcoming the traditional juridical rationality of the liberal-technicist-positivist jurisdictional practice associated with the model of the liberal state. In Latin America there is a gradual self-understanding of the constitutional courts and the judiciary of the constitutional mission conferred on it by the Constitutional Democratic State of Law.