Más allá de la ley: cuando las cortes reconfiguran la política. El sistema judicial y los partidos en Colombia

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Authors: María Alejandra Fonseca Manosalva, Felipe Botero
Cited by: 0

Abstract

Objective/Context: This article examines how judicial decisions have transformed the architecture of the Colombian party system by redefining the criteria for the creation, recognition, and permanence of political organizations. Methodology: Based on a qualitative and documentary analysis of landmark rulings by the Constitutional Court, the Council of State, and the National Electoral Council, the study proposes a typology of three mechanisms of judicial intervention: (1) political reparation in response to historical violence, (2) the expansion of the right to opposition derived from the Statute of the Opposition, and (3) the regulation of coalitions, adhesions, and splits in the face of regulatory gaps. Conclusions: The study does not seek to measure quantitative effects, but rather to identify interpretive patterns that demonstrate how the judiciary has become a structuring actor of political pluralism. Originality: The analysis demonstrates that judicialization has broadened the avenues for inclusion and representation, albeit at the cost of introducing normative uncertainty and institutional tensions in the regulation of democratic competition.

Fields of Study & Subjects

Political Dynamics in Latin America Judicial and Constitutional Studies Law and Political Science

Publication details

Journal / source
Colombia Internacional
Issue
125
Pages
89–120
Publication date
14 January 2026
Language
ES