El valor del voto en blanco
The dynamics with which a democratic phenomenon is developed demand a constant updating of theoretical concepts in order to facilitate the comprehension of the rules that regulate the configuration of political decisions. A proof to the aforementioned lies in the Constitutional Court’s holding C–551...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2004
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5238046 |
| Source: | Opinión Jurídica: Publicación de la Facultad de Derecho de la Universidad de Medellín, ISSN 1692-2530, Vol. 3, Nº. 5, 2004 |
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| Summary: |
The dynamics with which a democratic phenomenon is developed demand a constant updating of theoretical concepts in order to facilitate the comprehension of the rules that regulate the configuration of political decisions. A proof to the aforementioned lies in the Constitutional Court’s holding C–551, 2003, through which a previous constitutionality control was carried out to law 796, 2003, which is a convocation to a constitutional reform referendum where it de–estimates one of the political manifestations of the primary constituting power: the blank vote. Not only does the analysis made by the Constitutional Court elude the genuine nature of the blank vote, but it also violates fundamental principles for a democratic and social State of Law such as the participative principle, the right to equality, and the freedom principle: infractions of substantial nature that necessarily lead to the evaluation of the judged matter which deserves every jurisdictional pronouncement. |
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