Programmatic Constitutions, Separation of Powers, Public Policies and the Judiciary’s Constitutional (In)competence

Abstract

From understanding the relevance of constitutional determinations of tasks to the State, it is essential to formulate public policies to satisfy the Constitution. Public policies, despite their controversial sense, are understood in this paper as a process that expresses power relations and intends to resolve problems or conflicts related to the public interest. Within the proposedclassification of state functions, which seeks support in the Constitution, the judicial function is uncharacterizes as able to designing and implement public policies. However, the Judiciary duty of deciding on subjective rights violation is not taken off, because these rights shold be attended by public policies.