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Ítem Between Democratic Security and Democratic Legality. Constitutional Politics and Presidential Re-election in Colombia(Universidad Icesi, Facultad de Derecho y Ciencias Sociales, 2014-07-01) Boesten, JanThis 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.Ítem Colombia’s Critical Juncture: The Communicative Origin of the 1991 Constitution(Universidad Icesi, 2016-01-01) Boesten, JanIt is said that the Constitutions of the nineteenth century Colombia were battle cards that appeased the military confrontation, but at the same time they contained the seed for the next confrontation. The 1991 Constitution breaks with that tradition, as it is not perceived as a battle card, but as a peace pact. Through a comparative politics methodology, this article contrasts the constitutional process of 1991 with other scenarios of deep institutional reconstruction to argue that what makes the 1991 Constitution different from those battle cards was the type of crisis that led to the constitution of the National Constituent Assembly, its origin in a popular movement committed to a communicative action and, lastly, its inclusive and deliberative character, in which groups traditionally marginalized were heard.