The Integral Equilibrium Model for The Decision Judicial – Constitutional

Abstract

The main purpose of this section is to present an academic proposal that functions as a "model of integral balance" for the judicial-constitutional decision based on an inclusive interdisciplinary discourse (law and economics) using the techniques of proportionality and weighting as methodological tools to achieve the intended balance. As explained in the second part of this work, there are several dogmatic and methodological deficiencies in the application of the aforementioned techniques (which have been used under a model that we call traditional or classic), but that could be overcome and / or mitigated from the proposal that will be developed in this section, always in search of efficient decisions in the assignment, but fair and/or equitable in distribution; that is, balanced decisions. To achieve the purpose cited, the structure of this section is limited to the following topics: i) introductory approach, ii) the technique of proportionality for integral equilibrium, iii) the weighting technique for integral equilibrium, and, iv) applications of the techniques under study to specific cases.