How Courts Defend Democracy: Challenging Authoritarianism and Advancing Social Transformation

Resumo

As authoritarianism subtly infiltrates democratic institutions, the rule of law faces an unprecedented crisis. This article examines how judicial systems, particularly the Colombian Constitutional Court, have become a line of defense against democratic erosion. From blocking abusive constitutional reforms to challenging executive overreach, courts have emerged as key actors in preserving democracy. Through the lens of transformative constitutionalism, this study explores how judicial interventions can not only resist authoritarian tendencies but also drive social transformation by tackling deep-rooted inequalities. Comparing Latin American and European approaches, it highlights the potential of legal mechanisms—such as conditionality models and structural litigation—to safeguard democratic values. However, the rise of constitutional populism poses new threats, often disguising itself as a tool for reform while undermining institutional stability. Against this backdrop, the article argues for a balance between constitutional stability and judicial activism, ensuring that courts remain both guardians of democracy and agents of change. In a time when democracy is under siege worldwide, this analysis underscores the judiciary’s vital role in upholding the rule of law and protecting fundamental freedoms.