¿Deberían todos los aplicadores del derecho ser competentes para ponderar? Una discusión pendiente

The article presents the scope and implications of discourses that offer a response to the question of whether all, some, or any judge should be competent to carry out balancing as a means of creating an exception to a rule or distinguishing a precedent. It also analyzes which risks should be evaluated to determine: i) who should have the competence to resolve an axiological gap; and ii) if it should be limited competence or not (and what type of limits to regulate). To do this, it presents in what type of cases balancing is used, what it means that a judge is competent to do balancing, what risks such competence produces and, finally, it proposes risk management models based on how the competence norm is designed.