Constitutional interpretation and Constitution substitution: Oscillating between the juridical and the political

dialnet-ar-18-ART0001423677

dialnet

dialnet-ar-18-ART00014236772020-12-17Constitutional interpretation and Constitution substitution: Oscillating between the juridical and the politicalGarcía López, Luisa Fernandaconstitution substitutionconstitutional amendmentlegislative actConstitutional Courtoriginal constituentSubstituição constitucionalEmenda constitucionalAto legislativoCorte constitucionalConsituinte originárioThe concept of constitution substitution is a notion that has not been developed by constituent power, and in that measure, the Colombian Constitutional Court has established a precedent for the amendment process of the Legislative Act, which is performed by congress in order to limit the power of constituted power. In spite the fact that the Court has stated that there are no clauses written in stone, it has forged some fundamental principles and consolidated the defining axes, is what resume the theory of substituting. However, constitutional amendments have some limits to what Richard Albert makes a reference and summarize in 4 fundamental characteristics, that should not exceed the constitutional scope. As was pointed out by Albert the power to amend is one above all that does not exceed the scope of what was intended in the constitution, but there may be an intermediate point which he calls dismemberment, which is more than an amendment but does not get to become a structural reform of the constitution. Let’s see how Colombia’s Constitution and the Constitutional Court have set limits to constitutional amendments and exceeded constitutional limits through dismemberment.2020text (article)application/pdfhttps://dialnet.unirioja.es/servlet/oaiart?codigo=7680826(Revista) ISSN 2359-5639Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 7, Nº. 3, 2020 (Ejemplar dedicado a: setembro/dezembro - Dossiê: "Constitutional Amendments: Making, Breaking, and Changing Constitutions - a dialogue with Richard Albert"), pags. 755-771engLICENCIA DE USO: Los documentos a texto completo incluidos en Dialnet son de acceso libre y propiedad de sus autores y/o editores. Por tanto, cualquier acto de reproducción, distribución, comunicación pública y/o transformación total o parcial requiere el consentimiento expreso y escrito de aquéllos. Cualquier enlace al texto completo de estos documentos deberá hacerse a través de la URL oficial de éstos en Dialnet. Más información: https://dialnet.unirioja.es/info/derechosOAI | INTELLECTUAL PROPERTY RIGHTS STATEMENT: Full text documents hosted by Dialnet are protected by copyright and/or related rights. This digital object is accessible without charge, but its use is subject to the licensing conditions set by its authors or editors. Unless expressly stated otherwise in the licensing conditions, you are free to linking, browsing, printing and making a copy for your own personal purposes. All other acts of reproduction and communication to the public are subject to the licensing conditions expressed by editors and authors and require consent from them. Any link to this document should be made using its official URL in Dialnet. More info: https://dialnet.unirioja.es/info/derechosOAI

Dialnet

Dialnet AR

Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 7, Nº. 3, 2020 (Ejemplar dedicado a: setembro/dezembro - Dossiê: "Constitutional Amendments: Making, Breaking, and Changing Constitutions - a dialogue with Richard Albert"), pags. 755-771

English

constitution substitution
constitutional amendment
legislative act
Constitutional Court
original constituent
Substituição constitucional
Emenda constitucional
Ato legislativo
Corte constitucional
Consituinte originário

constitution substitution
constitutional amendment
legislative act
Constitutional Court
original constituent
Substituição constitucional
Emenda constitucional
Ato legislativo
Corte constitucional
Consituinte originário
García López, Luisa Fernanda
Constitutional interpretation and Constitution substitution: Oscillating between the juridical and the political

The concept of constitution substitution is a notion that has not been developed by constituent power, and in that measure, the Colombian Constitutional Court has established a precedent for the amendment process of the Legislative Act, which is performed by congress in order to limit the power of constituted power. In spite the fact that the Court has stated that there are no clauses written in stone, it has forged some fundamental principles and consolidated the defining axes, is what resume the theory of substituting. However, constitutional amendments have some limits to what Richard Albert makes a reference and summarize in 4 fundamental characteristics, that should not exceed the constitutional scope. As was pointed out by Albert the power to amend is one above all that does not exceed the scope of what was intended in the constitution, but there may be an intermediate point which he calls dismemberment, which is more than an amendment but does not get to become a structural reform of the constitution. Let’s see how Colombia’s Constitution and the Constitutional Court have set limits to constitutional amendments and exceeded constitutional limits through dismemberment.

Article

García López, Luisa Fernanda

García López, Luisa Fernanda

García López, Luisa Fernanda

Constitutional interpretation and Constitution substitution: Oscillating between the juridical and the political

Constitutional interpretation and Constitution substitution: Oscillating between the juridical and the political

Constitutional interpretation and Constitution substitution: Oscillating between the juridical and the political

Constitutional interpretation and Constitution substitution: Oscillating between the juridical and the political

Constitutional interpretation and Constitution substitution: Oscillating between the juridical and the political

constitutional interpretation and constitution substitution: oscillating between the juridical and the political

2020

https://dialnet.unirioja.es/servlet/oaiart?codigo=7680826

1709752975421865984