Constitutional lawyer Mauricio Gaona has released a book warning that a new constituent process could foster authoritarianism and undermine Colombian democracy.
The work arrives amid ongoing political debates regarding the nation's legal framework. Gaona argues that modern authoritarianism no longer relies on military force but instead uses populism and the law to consolidate power.
In his book, titled “La Constitución soy yo,” Gaona suggests that a new constituent assembly could be used as a tool to remove legal obstacles to a leader's will. He presented the work during a conference at Universidad EIA in Bogotá on March 20, 2024 [1].
Gaona said the current legal structure may be viewed as an impediment by those seeking unchecked power. "Ya no le sirve la Constitución del 91 porque no lo deja hacer lo que quiere," Gaona said.
The author emphasizes that the law can be manipulated to erode democratic safeguards from within. He said, "la norma es el arma más dúctil para desmantelar la democracia."
Gaona's warnings extend to the potential for long-term institutional damage. He said Colombia could be facing the risk of "elegir al último presidente…" — a reference to the possibility of a permanent shift toward a non-democratic system.
As the son of the late magistrate Manuel Gaona, the author draws on a deep legal lineage to argue that constitutional changes must be handled with extreme caution. He maintains that the goal of reviewing legal frameworks should be to ensure stability, rather than to facilitate a shift toward autocracy.
“"la norma es el arma más dúctil para desmantelar la democracia"”
Gaona's thesis highlights a global trend where democratic erosion occurs through legal means—often called 'autocratic legalism'—rather than through traditional coups. By framing the constituent process as a potential tool for authoritarianism, he is signaling that the procedural act of rewriting a constitution can be used to legally dismantle the checks and balances that protect a republic.
