The Colombian Constitutional Court from a Prodemocratic Reading

Abstract

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 the democratic 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.

Keywords

• counter-majoritarian difficulty
• Alexander Bickel
• judges
• democracy
• Constitutional Courts