THE EXPANSION OF CONSTITUTIONAL JURISDICTION IN THE FACE OF CLIMATIC, TECHNOLOGICAL, AND DEMOCRATIC CRISES

Abstract

This article analyzes the phenomenon of the expansion of constitutional jurisdiction in the contemporary scenario and the functional redefinition of its institutional role. It starts from the premise that current constitutionalism, faced with structural problems of high complexity, requires a hermeneutics guided by principles and grounded in argumentative rationality, capable of overcoming the traditional logic of individual conflicts. In this context, the study examines the foundations of contemporary constitutional hermeneutics, highlighting the overcoming of formalism and the public justification of judicial decisions, in line with the structuring role of fundamental rights within the Constitutional State. It demonstrates that the intensification of judicial action stems not only from institutional choices, but also from the very nature of the problems submitted to constitutional review, especially in the environmental, technological, and democratic dimensions. In the climate sphere, the study identifies the consolidation of an interpretative framework guided by intergenerationality and by the prohibition of insufficient protection, imposing positive duties upon the State. In the technological field, it highlights the insufficiency of traditional legal categories in the face of the digitalization of social relations, requiring the redefinition of the parameters for the protection of fundamental rights. On the institutional level, constitutional jurisdiction assumes a relevant role in preserving the structural conditions for the functioning of democracy. It concludes that constitutional jurisdiction acquires a structuring function, whose legitimacy depends on its calibration in light of criteria of rationality, proportionality, and institutional capacities, ensuring the effectiveness of fundamental rights and democratic balance.