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Judicial review of constitutional amendments in Colombia: a political and historical perspective, 1955–2016

Acceso Cerrado
ID Minciencias: ART-0000608130-252
Ranking: ART-ART_B

Abstract:

The Colombian Constitutional Court is widely known for being one of the emblematic and activist Courts representing the New-constitutionalism of the Global South, and also for the judicial review of the constitutional amendments under the 'constitutional replacement doctrine' (substitution doctrine). The Court adopted the substitution doctrine since its decision C-551/2003, in a time that coincides with the global expansion of the judicial review of constitutional amendments. However, it is far less known that, in Colombia, the debate about the judicial review of the constitutional amendments commenced several decades before that global expansion. This article intends to reconstruct the judicial review path of the constitutional amendments, and to show the interdependence between the political context and the doctrines of both the Supreme Court (1955–1991) and the Constitutional Court (1992–2016). The article examines this interdependence to contribute to a better understanding of the role of the Legislature, the Executive and the Judiciary in the construction of legal doctrines, such as the supremacy of the Constitution, the principle of separation of powers, the intangibility of constitutional clauses or the power of constitutional reform in the complex political context of a South American country. In sum, this article seeks to present how the judicial review path of the constitutional amendments in Colombia began long before the 'expansion' of that phenomenon at a global level, to show the interdependence between Law and Politics on that path, and to highlight the different Supreme Court and the Constitutional Court judicial activism in this topic since 1955 to the present.

Tópico:

Comparative constitutional jurisprudence studies

Citaciones:

Citations: 10
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Información de la Fuente:

SCImago Journal & Country Rank
FuenteThe Theory and Practice of Legislation
Cuartil año de publicaciónNo disponible
Volumen5
Issue3
Páginas245 - 275
pISSNNo disponible
ISSN2050-8840

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