Weak procedural constitutionalism and constitutional amendment control

This paper analyzes the counter-majoritarian difficulty with the aim of formulating a proposal that makes the democratic principle compatible with the maintenance of constitutionality control systems. For these purposes, the main arguments that seek to justify or solve the democratic objection are addressed: constitutional, legislative and popular supremacy. Subsequently, recognizing the primacy of democracy and the need to exercise judicial control of constitutionality with greater legitimacy, the proposal for a weak procedural constitutionalism is presented, which allows constitutional conflicts such as those represented by the constitutional reform – Colombian case -, can be debated under a public process that increases popular participation and public deliberation