Transformative Constitutional Justice and the Protection of Constitutional Democracy in Colombia

Abstract

Authoritarianism subtly infiltrates democratic institutions, placing the rule of law under unprecedented strain. This article examines how judicial systems, particularly the Colombian Constitutional Court, have become key defenders against democratic erosion. By blocking abusive constitutional reforms and challenging executive overreach, courts have assumed a prominent role in safeguarding democracy. Drawing on a transformative constitutionalist perspective, the study explores how judicial interventions not only counter authoritarian tendencies but also promote social transformation by addressing entrenched social inequalities. The rise of constitutional populism presents new threats, often masked as instruments of reform while simultaneously undermining institutional stability. In this context, the article advocates for a balanced approach between constitutional stability and judicial activism, ensuring that courts continue to fulfill their role as guardians of democracy. At a time when democracy faces increasing global constraints, this analysis underscores the judiciary’s vital role in upholding the rule of law and protecting fundamental freedoms.

Keywords: Constitutional democracy; Democratic erosion; Judicial activism; Rule of law; Transformative constitutionalism.