Abstract

ARAGON-REYES, Manuel. Meaning and Role of the Constitutional Court along 30 Years of Came into Force of the Colombian Constitution. Rev. Derecho Estado [online]. 2021, n.50, pp.11-41.  Epub Feb 28, 2022. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n50.02.

The aim of this paper is to assess the meaning and role played by the colombian Constitutional Court along thirty years of came into force the Constitution, in the light of its design, its functions and its role to build up democracy. The analysis is divided in three parts. Firstly, there is a comparison between Colombian constitutional justice since 1991 and other models of constitutional justice, through its design and jurisdiction. Secondly, the paper presents some insights to distinguish Colombian Constitutional Court of other constitutional courts, as its mechanism of protection of fundamental rights and the open access to citizens to judicial review and constitutional amendments. The last part has to do with few ideas related to constitutional justice and democratic principle, as the counter-majoritarian dilemma and the judicial activism.

Keywords : Constitutional Court; constitutional justice; constitutional interpretation; judicial review; democracy; judicial activism.

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