Social democracy, judges and fight against poverty

Abstract

Based on the analysis of a case decided by The Constitutional Court of Colombia the author underlines the need of protecting, not only judicially, but also by means of political activism, those who suffer from poverty and need positive actions of public authorities.
Taking into consideration this reality, the author explains how a reinterpretation of Law is needed to conceptualize the role of judges deciding on social conflicts. In this context the constitutional hermeneutics must be seen as a continuous process that takes into account Law, politics and morals, achieving a high degree of sensitivity in legal operators in regard to discrimination, marginalization and social exclusion; to manage the development of a formula (Social Democracy) that will allow the accomplishment of the Social Democratic Welfare State.