Judicial control, constitutional reform and institutional dialogue. Critical notes to the colombian model from a deliberative perspective

Abstract

In this paper some features of the institutional logic of checks and balances in Colombia will be discussed, from the interaction that occurs between the representative areas and jurisdictions of state power, due to the performance of judicial constitutional and constitutional reform in legislative seat. It will be argued that the logic of that interaction, even if it can optimize the action of controls more or less effectives to prevent decisionism does so at the cost of limiting the effectiveness of others principles that are valuable too for the constitutional system as democratic legitimacy and harmonic collaboration. Based on this, suggest that a critical review of some of the distribution rules of competition between public bodies, could shed relevant arguments for discussing about procedures of more democratic decision, in a deliberative key.