Abstract

QUINONES PAEZ, Julio Rafael  and  LEON, Ivonne Patricia. Tensions and (Dis)Encounters in the Relationship between Politics and Law. Elements for Thinking about Justice and the Strengthening of Democracy. Novum Jus [online]. 2023, vol.17, n.2, pp.279-300.  Epub Nov 26, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.2.11.

The idea of justice, influenced by liberal thought, has been mediated by the possibility of reaching a rational consensus between free and autonomous individuals, whose sustenance is found in an idea of human nature that restricts emotions in defense of rationality, and with it, establishes the separation between politics, understood as conflict, and law, understood as consensus. Such a separation between politics and law must be overcome by a model of justice that is capable of sustaining political conflict, that recognizes human nature from emotions, and that, in so doing, underpins an understanding of democracy as a bridge between Law and Politics, as a mechanism of compromise capable of channeling conflict and, from there, providing the State and the Constitution with legitimacy for the protection of minorities.

Keywords : Justice; democracy; political theory; conflict; minorities; Constitution.

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