Supremocracy

Abstract

THE TEXT SHOWS HOW THE FSC IS LOCATED AT THE HEART OF OUR POLITICAL SYSTEM AND WARNS OF THE DANGERS TO DEMOCRACY INHERENT IN THIS STANCE. SUCH A DANGER LIES IN THE FACT THAT THE AFOREMENTIONED COURT IS FULFILLING, ALBEIT IN A SUBSIDIARY MANNER, THE ROLE OF RULE-MAKER, ACCUMULATING THE AUTHORITY OF CONSTITUTIONAL INTERPRETER WHILE RETAINING EXERCISE OF LEGISLATIVE POWER, WHICH TRADITIONALLY BELONGED TO THE REPRESENTATIVE POWERS. THE TEXT ATTEMPTS TO PROVE THAT THE SUPREME COURT HAS CARRIED OUT SUCH FUNCTIONS WITHIN AN ANALYSIS OF SOME OF ITS RECENTLY TRIED CASES. IT ALSO SUGGESTS MECHANISMS CAPABLE OF DEALING WITH THE TENSIONS GENERATED BY SUPREMOCRACY, WITHOUT CHARACTERIZING THEM AS SOMETHING GOOD OR BAD FOR OUR POLITICAL SYSTEM.