Judges facing the "coto vedado"

Abstract

In "Rights and Imperfect procedural justice", José Juan Moreso presents us with valuable arguments related to the debate about how to protect fundamental rights, and what the role of justice should be in fulfilling this function. Moreso wonders "Should we delineate the political structure of society so that at least some of these fundamental rights are protected by a Bill of Rights?"; and furthermore, "What role, if any, should jurisdictional bodies have in protecting the fundamental rights established in the Bill of Rights?"
Obviously, the debate at stake presupposes, among other things, a difficult philosophical discussion about the “existence” of certain fundamental rights. As of this writing, however, I am not going to deal with such a question. Instead, I will deal with the answers presented by the author to questions such as those cited above.