LEGITIMACY: AN INTERSECTION BETWEEN THE PRINCIPLE OF LEGALITY AND TRANSFORMATIVE CONSTITUTIONALISM IN LATIN AMERICA.
THE TENSIONS THAT EMERGE BETWEEN THE PRINCIPLE OF LEGALITY AND TRANSFORMATIVE CONSTITUTIONALISM IN LATIN AMERICA, WITHIN THE CONTEXT OF THE 1991 POLITICAL CONSTITUTION OF COLOMBIA AND THE COMPARATIVE ANALYSIS OF DATA BETWEEN THE RULINGS OF THE CONSTITUTIONAL COURT OF COLOMBIA AND THE INTER-AMERICAN COURT OF HUMAN RIGHTS, FOR THE PERIOD BETWEEN 1991 AND 2025, WILL HELP ELUCIDATE THE VALIDITY OF THE LEGAL ORDER –LEGITIMACY– AS A CONSEQUENCE OF POWER RELATIONS, FOR THE MATERIALIZATION OF RIGHTS, WHICH WILL MAKE IT POSSIBLE TO ANSWER THE FOLLOWING QUESTION: HOW MIGHT THE TENSIONS THAT EMERGE BETWEEN THE PRINCIPLE OF LEGALITY AND TRANSFORMATIVE CONSTITUTIONALISM RECONSTRUCT THE VALIDITY OF THE LEGAL ORDER AS A CONSEQUENCE OF POWER RELATIONS, IN A WAY THAT ALLOWS FOR THE MATERIALIZATION OF RIGHTS?
TO THIS END, THE PRINCIPLE OF LEGALITY IN THE EXERCISE OF POWER AND ITS SCOPE IN COLOMBIA IS PROBLEMATIZED; AND THE NOTIONS LINKED TO THIS PERSPECTIVE AND THE IUS CONSTITUTIONALE COMMUNE IN LATIN AMERICA AND ITS POSSIBLE FORMS OF EXPRESSION WITHIN COLOMBIAN CONSTITUTIONAL LAW ARE CLARIFIED. IN ADDITION, THE CONFLICTS THAT ARISE BETWEEN THE PRINCIPLE OF LEGALITY IN THE EXERCISE OF POWER IN COLOMBIA ARE DESCRIBED, FROM THE PERSPECTIVE OF TRANSFORMATIVE CONSTITUTIONALISM IN LATIN AMERICA; AND, FINALLY, THE VALIDITY OF THE LEGAL ORDER IN COLOMBIA IS ANALYZED, CONTRASTING THEORETICAL AND PRACTICAL REALITIES THROUGH AN INTERSECTION THAT, TOGETHER WITH THE LIVING TEXTS FRAMED IN THE RULINGS OF THE CONSTITUTIONAL COURT OF COLOMBIA AND THE INTER-AMERICAN COURT OF HUMAN RIGHTS, HAVE CHANNELED THE ARGUMENTS REGARDING THE TENSIONS INITIALLY OUTLINED AND INFLUENCED THE GOVERNMENTS OF THE REGION IN FULFILLING DEMOCRATIC VALUES, GENERATING LIMITS ON POWER THAT MAKE EQUALITY A MANDATE THAT DEEPENS LEGALITY INTO LEGITIMACY, INSOFAR AS THE COURTS COULD PLAY A ROLE EITHER AS TRANSFORMERS OR AS PERPETUATORS OF EXISTING CONTEXTS.
