El activismo judicial y su impacto en la construcción de políticas públicas ambientales.

Judicial activism is perhaps one of the most pressing topics in the study of modern legal phenomena. Judges have imposed a true revolution in their traditional role, with a substantial impact on the contents of the legal institutions they apply, forcing them towards unsuspected reaches that necessarily affect the very substrate of public policies.

This judicial action, at times, is a true contribution to the content and development of the legal order, and especially to the validity of the rights of collective incidence. In some countries, such as Argentina, it is the jurisprudential imprint that has shaped the current contour of numerous legal matters, particularly those that make up environmental law, initially precipitating the concepts that positive law has later adopted through laws.

The existence of a right to the environment and its impact on legitimation was the first activist achievement of the judges in that country, which was followed by others that shaped the collective nature of that prerogative, such as the erga omnes scope of sentences, the modulation of procedural principles such as the device (which they have replaced through a quasi-inquisitorial process) or that of congruence, the reversal of the burden of proof in situations of uncertainty, among other assumptions.