Aproximación al desarrollo de la teoría de la sustitución de la Constitución en Colombia
Through a review of academic literature and a review of case law, this article seeks to present an overview of the changes in the control of constitutionality of constitutional reforms throughout Colombian constitutional history. To this end, (i) an attempt will be made to induce a textual interpret...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8417464 |
| Source: | Revista Via Iuris, ISSN 2500-803X, Nº. 32 (enero-junio), 2022 |
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| Summary: |
Through a review of academic literature and a review of case law, this article seeks to present an overview of the changes in the control of constitutionality of constitutional reforms throughout Colombian constitutional history. To this end, (i) an attempt will be made to induce a textual interpretation of the 1991 Constitution that can be considered erroneous, subsequently, (ii) the origin of the ideas that justify the theory of the substitution of the Constitution will be explained, (iii) it will synthesize the Colombian constitutional history concerning the control of constitutionality of the forms and the inclusion in its texts of eternal clauses, it will relate (iv) the arrival of the theory of substitution to the Colombian constitutional jurisprudence of the 1991 Constitution, and it will present (v) the methodology designed to define when the Constitution is or is not substituted. Finally, (vi) the challenges regarding the theory of the Constitution will become evident. We concluded that the control of these reforms is before the 1991 Constitution, does not imply the creation of stony clauses, and presents democratic challenges. |
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