Should Courts enforce social rights? The Experience of the Colombian Constitutional Court
The debate about the convenience of the judicial enforcement of social rights is one of the major issues that theories of law and democracy are facing today. It is a very difficult discussion, because there are strong arguments in favor of both positive and negative answers. While some argue that social rights must be judicially protected or else they are not real rights, others fear this protection will unavoidably drive to an antidemocratic government by judges.