This analysis evaluates the Constitutional Court's transition to a positive legislator role, suggesting implications for judicial activism and legislative supremacy.
Key Points
The Court's expanded role raises constitutional risks linked to judicial activism and legislative supremacy, complicating governance.
The analysis highlights how Decision No. 90 reflects the Court’s shift to regulatory functions amid ongoing debates.
Employing normative legal research, this framework assesses the decision using classical justice theory and past precedents.
Findings indicate the Court's stance lacks alignment with Platonic ideals of moral and procedural fairness, creating significant discourse.