The article 137 of law 1437-2011 establishes that the nullity the way of judicial control against of administrative acts, proceeds against to the general, particular and casualty acts, establishing of law all about jurisprudence of Consejo de Estado Colombiano and change the general postulate establish in the article 84 ACC that the nullity proceeds against of all final, general and particular administrative acts. This jurisprudential conception was considered opposite to the political constitution for constitutional court with the sentence C-426-2002, while it was restrictive the possibility access to the justice because it have limitations that the law do not establish. Now the sentence was incorporate to the law generates a question about if this inconstitutionality was overcome given that the sentence emphasize the relation between nullity action and the principles of legality, that protects the integrity of the juridical classification without constraint that are considered constitutionally illegitimate, disproportionate and unreasonable.
Tópico:
Administrative Law and Governance
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FuenteRevista Del Instituto Colombiano De Derecho Procesal