Abstract

ACOSTA, JUAN PABLO  and  RUEDA, JOSÉ MIGUEL. The Validity of the Fast Track: Subject to Interpretation?. Rev. Derecho Estado [online]. 2022, n.53, pp.89-107.  Epub Jan 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n53.03.

The peace agreement between the Colombian Government and the Farc-ep generated great controversies. The objective of this investigation will be to analyze the legal interpretation that the Constitutional Court made of the concept of "popular endorsement"; for which we made a hermeneutical and analytical study of the decision of the judgement. Our aim is trying to answer the following question: Was the Constitutional Court's interpretation of the term "popular endorsement" correct, considering Raz's types of interpretation? To answer this question, we will begin with the description of the case and the types of legal interpretation according to Raz. Later, it will be analyzed the possible interpretations of the phrase "popular endorsement". Finally, we will conclude.

Keywords : Legal reform; legal procedure; legal theory; legal interpretation; originalism; conventionalism; innovative interpretation.

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