Il formante giurisprudenziale nel contesto del “transformative role” di talune carte costituzionali post-coloniali: le esperienze di India e Brasile

The Judiciary in the context of ‘transformative role’ of certain post-colonial constitutions: the Indian and Brazilian experiences

Abstract

The paper focuses on the role of the Judiciary in two legal systems of the South of the world, namely those of India and Brazil. In the framework of the traditional taxonomies of comparative law, from the public law standpoint, the analysis highlights the existing bond between constitutional justice and the programmatic purposes of the Constitutions of these countries. In order to suggest a reading of judicial activism from a Southern perspective, starting from the notion of “transformative constitutionalism” recently proposed by some scholars, a few judicial remedies – such as the PIL, the ADO and the MI – were studied.