Limits from Jurisdiction, Conceptions of Law and Judicial Activism

This paper addresses the problem of judicial activism and the limits of jurisdiction from the point of view of different conceptions of law (formalism, normativism, realism, critical skepticism, natural law, neoconstitutionalism) as they are classified and criticized from the argumentative conception. The central argument attempts to show the precise ways in which a post-positivist vision of the law should expand or restrict the margins of justified judicial activism in a constitutional state with respect to what is stated by each of the previous conceptions.