Les stratégies judiciaires du constitutionnalisme transformateur en termes de réduction de la pauvreté et de l’inégalité

Some constitutions, particularly those of the so-called South, have a transformative function. However, assigning this function to these constitutions raises problems, which need to be addressed and on the basis of which this article considers two hypotheses. The first is that both broad and narrow conceptions of transformative constitutionalism recognize that one of their objectives is to reduce poverty and inequality. The second is that transformative constitutionalism can achieve this objective through the application of social rights by the Constitutional Court and the Supreme Court. On the basis of these assumptions, in the context of institutional and performance issues, this article provides a critical analysis of the strategies that these courts have adopted to achieve this objective. It focuses in particular on the shortcomings of so-called structural remedies and formulates concrete proposals for solutions, based on dialogical remedies.

To achieve this objective, this article focuses its analysis on transformative constitutionalism in Latin America. Similarly, as a case study, it assesses the main strategies for the protection of social rights adopted by the Constitutional Court of Colombia.