Jurisdictional deference, a behavior contrary to the democratic quality of a society

Abstract

Judicial deference is a behavior that undermines the principle of separation of powers by implying submission of the judiciary to the legislative and executive powers; it also undermines the guarantee of citizens’ rights and freedoms by implying submission to the security order. In this sense, judicial deference runs counter to the principles of the Rule of Law and, consequently, to the democratic quality of the political system. Because if the law is the language of the State, rights and freedoms are the language of Society, and the judicial power is the institution that doesn ́t prevent the executive and legislative powers from passing
laws, but prevents these state powers from abusing their position to restrict, limit, or even eliminate citizens’ freedoms. This protective function of the rights that constitute the citizen forms the democratic legitimacy of constitutional justice as
a bulwark against populism.