Revista da EMERJ - V. 21 - N. 3 - Setembro/Dezembro - 2019 - Tomo 1

71  R. EMERJ, Rio de Janeiro, v. 21, n. 3, t. 1, p. 55-71, set.-dez., 2019  TOMO 1 shoulders and makes them more political. If the judges shy away from carrying this burden, say for methodological reasons like originalism, and the amendment procedure is extremely difficult, it is to the detriment of the normative force of the constitution. Amendments are an external corrective to the power of courts. But there is also an internal corrective: even if it is true that, what is legally acceptable and what is not can only be defined in the legal system, it is never defined once and for all and judges are not the only actors to take part in the ongoing discussion. It is therefore extremely important that constitutional courts are embedded in a lively discourse in which the division of functions between the political and the juridical branches of government, the acceptability of legal methods, and the soundness of interpretations are constantly evaluated and readjusted. Judicial independence is not in danger when judges pay attention to the reaction their decisions elicit in society.

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