Abstract

RAMELLI, ALEJANDRO. Lights and Shadows from the Exercise of the Substitution Test in Colombia. Rev. Derecho Estado [online]. 2021, n.48, pp.31-50.  Epub Apr 30, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n48.02.

The article provides a balance on the exercise of the constitutional control over the so-called "substantive grounds" by the Colombian Constitutional Court, over almost two decades.

In this sense, it is suggested that, contrary to what might be thought, the performance of the aforementioned constitutionality control has not inhibited the reformist spirit of the Congress of the Republic. However, paradoxically, some rulings of the Constitutional Court, specially referring to matters of State structure (e. g., administration of justice), may introduce some inconvenient rigidities to the Basic Text of 1991.

Finally, it is intended to demonstrate that the performance of the substitution test turned out to be extremely severe in terms of the implementation of the Peace Agreement, which is still surprising, given the temporary nature of these constitutional reforms.

Keywords : Substitution of the Constitution; control of constitutionality due to substantive grounds; supraconstitutionality; control of constitutionality over the peace process; intangible clauses.

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