Between Democratic Security and Democratic Legality. Constitutional Politics and Presidential Re-election in Colombia

  • Jan Boesten University of British Columbia, Vancouver
Palabras clave: Democratic security, Democratic legality, Presidential re-election, Colombia

Resumen

This paper presents an analysis of the political and legal debate of the declaration of unconstitutionality of the referendum that sought the re-election presidential second term in 2010. On the other hand, it exposes the debate between those who spoke of bias and political argument in the court ruling related to the idea of “democratic security”; while others speak of the persistence of “democratic legality” consisting of autonomy guaranteed legal reasoning from deliberative processes. Finally, it is noted that the degree of institutionalization of discourse of the Court is an important factor that speaks in favor of it’s independence.

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Biografía del autor/a

Jan Boesten, University of British Columbia, Vancouver

Doctoral student candidate in the Department of Political Science at the University of University of British Columbia (UBC) in Vancouver, Canada. He was a visiting researcher at the Universidad de los Andes in Bogotá, Colombia, and the Center for Latin American Studies at the University of Cambridge in the UK. Currently, he is a visitor in the Rule of Law Centre at the Wissenschaftszentrum Berlin für Sozialforschung (WZB) in Berlin, Germany.

Publicado
2014-12-14
Cómo citar
Boesten, J. (2014). Between Democratic Security and Democratic Legality. Constitutional Politics and Presidential Re-election in Colombia. Precedente. Revista Jurídica, 5, 9-40. https://doi.org/10.18046/prec.v5.1972