Jueces y democracia: entre Ulises y los cantos de sirenas
This paper analyzes the democratic legitimacy of the decisions of the Colombian Constitutional Court regarding the judicial review of constitutional amendments. To achieve this goal, the author studies different approaches from political philosophy in the American doctrine, noting that the concept o...
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Format: | Article |
Language: | Spanish |
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Universidad Pontificia Bolivariana
2012
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Subjects: | |
Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4279496 |
Source: | Revista Facultad de Derecho y Ciencias Políticas, ISSN 0120-3886, Nº. 117, 2012, pags. 359-391 |
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Summary: |
This paper analyzes the democratic legitimacy of the decisions of the Colombian Constitutional
Court regarding the judicial review of constitutional amendments. To achieve this goal, the
author studies different approaches from political philosophy in the American doctrine, noting
that the concept of democracy will have a great impact on the possibility of unconstitutional
amendments. Thus, for a democratic substantial approach, there are certain values, -implied
or not-, that cannot be modified and which must be safeguarded by the Constitutional Court.
By contrast, from a popular democratic perspective, the existence of limits to the amendments,
and their defense by a judge, unduly restricts popular participation and people´s sovereignty.
Finally, the article concludes with a proposal for judicial review that reconciles the substantive
values typical of a constitutional state, with the expansion of popular democratic spaces. |
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