
The Colombian Constitutional Court from a Prodemocratic Reading
Author(s) -
Carlos Alberto Agudelo
Publication year - 2021
Publication title -
jurídicas
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.146
H-Index - 2
eISSN - 2590-8928
pISSN - 1794-2918
DOI - 10.17151/jurid.2021.18.1.2
Subject(s) - constitutional court , jurisprudence , dialogical self , democracy , law , political science , reading (process) , constitutional law , sociology , philosophy , politics , constitution , epistemology
This article has four parts. The first one shows the reception of the “Countermajoritarian Difficulty” (CMD) in Colombia, it is to say, how the tension between judges an democracy,a constitutional topic created by Alexander Bickel in America, was received. The second part explains the answer that constitutional judges in Colombia gave to the tension with thedemocratic principle by promoting dialogical rulings. The third one describes, in a general way, the LGTBI movement in Colombia and dialogues it generated in the Constitutional Court to achieve the protection of their rights against majorities. Finally, in the fourth part, some jurisprudence lines of the Colombian Court are shown to demonstrate how it promotes, collaborates, and aids democracy when this is not granted by the representatives.