Redefining the democratic spirit: Proposals for a Mixed Electoral System and the Principle of Electoral Equality Resignificando el espíritu democrático: Propuestas para un Sistema Electoral Mixto y el Principio de Igualdad del Sufragio

Abstract

The Colombian House of Representatives is normatively founded on Article 176 of the 1991 Political Constitution, which mandates that its members be elected through popular vote within electoral districts. Following the signing of the Peace Accords at the Teatro Colón in 2016, new congressional seats were created for reintegrated individuals, and Special Temporary Peace Constituencies (CITREP) were established. Although the Constitution’s promulgation has marked significant progress toward decentralizing public power, territorial realities still present major challenges in addressing the political crisis.
The democratic opening process initiated by the 1991 National Constituent Assembly aimed to secure the inclusion of historically marginalized populations in decision-making bodies like the Legislative Power, promoting more inclusive and diverse spaces. However, over the years, the current electoral system has proven inadequate in fully addressing the political representation needs of citizens.

A proposed reform that could not only strengthen institutions and political parties but also combat public distrust lies in the organic restructuring of Congress, particularly within the House of Representatives. Implementing a mixed electoral system grounded in the principle of electoral equality would make it possible to transform a system and institution that meets the standards of a Social State of Law, responding to citizen demands for trust in legislative work as a means of national transformation.

This manuscript develops a proposal for a mixed electoral system, widely discussed by various authors and already implemented in some countries, that could offer solutions to the challenges facing representative and participatory democracy. This system integrates the principle of electoral equality as an axiological tool to guide a transformative purpose, in alignment with the Constitution’s emphasis on principles and values derived from the Social State of Law.

These proposals are framed within the idea that the State will only be strong insofar as its citizens possess equal or greater strength than the State itself, with strength understood as the capacity to influence decision-making processes in an eminently democratic manner. The approach seeks to establish that the methods and mechanisms through which social oversight of institutions is exercised must be sufficiently real and practical to activate the latent democratic spirit within citizens.