Tension Between Democracy and Constitutionalism: Towards a Constitutional Democracy Framed in Dialogue and Argumentative Consensus

this article arises as a iusphilosophical reflection on democracy, constitutional justice as an essential element in the consolidation of the Colombian social State of law, whose paradigm is the sociocritical one, the method is constructivism and the specific technique of the investigation is the documentary review, since it allows the interpretation of texts and contexts, in said work the elements of constituent power, constituted power and new Latin American constitutionalism are shown. The problem that gives rise to this research exercise is the existing tension between democracy and constitutionalism. This proposal highlights that democracy is another form of power that, in the context of this dissertation, is externalized as an absolute power, since it is a power without limits, while constitutionalism is presented as a limit to power, however, these terms are not completely antagonistic because the bet as a hypothesis is a constitutional democracy, that is to say that a democratic power limited by constitutional norms and principles is sought.