Strategic Action: a balance on the sentence t-025/2004 of the Colombian Constitutional Court

Abstract

This article has the central objective of identifying and understanding how the constitutional courts decide in situations of undeniable constitutional gravity. Such analyzes involve combining institutional efforts so that judicial decisions are endowed with feasibility and appropriate normative force to alter the unconstitutional state of affairs. We carry out this investigation on two fronts: a conceptual-theoretical followed by an empirical cut from the sentence T-025 of 2004 (Desplazamiento forzado internos) of the Colombian Constitutional Court. For that, we used the inductive method with expectation of generalization of the results. The materials consulted suggest the tendency of a more contained action of the constitutional courts either to guarantee the functional separation of powers, or for the sake of strategic action, thus preserving its authority and legitimacy. Given this, we support the hypothesis of a moderate performance of the constitutional courts, even the courts that have a more active vertical tradition.This article has the central objective of identifying and understanding how the constitutional courts decide in situations of undeniable constitutional gravity. Such analyzes involve combining institutional efforts so that judicial decisions are endowed with feasibility and appropriate normative force to alter the unconstitutional state of affairs. We carry out this investigation on two fronts: a conceptual-theoretical followed by an empirical cut from the sentence T-025 of 2004 (Desplazamiento forzado internos) of the Colombian Constitutional Court. For that, we used the inductive method with expectation of generalization of the results. The materials consulted suggest the tendency of a more contained action of the constitutional courts either to guarantee the functional separation of powers, or for the sake of strategic action, thus preserving its authority and legitimacy. Given this, we support the hypothesis of a moderate performance of the constitutional courts, even the courts that have a more active vertical tradition.