Resumen

PATINO MARIACA, Daniel Mauricio. The constitucionalization of the process, the primacy of substantive law and the contencious - admininistrative expiration. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2013, vol.43, n.119, pp.655-703. ISSN 0120-3886.

This document analyzes the constitutionalization of the process, which is reflected in the increasing impregnation of the process constitutional principles in the procedural rules. Such phenomenon means that the procedural rules, which indicate how to do things, have been gradually infiltrated by the process constitutional principles, hence, it determines that these have lost their excessive rigour allowing a more flexible application in accordance with the purpose to achieve, this is the substantive law prevalence. The irradiation of the constitutional principles of the process in procedural rules, leads these to be applied by means of ponderation, because disputes arising out between the principles, must be resolved, this is reflected e.g. in the strain between the principle to be judged by the rules of each trial, with the substantial law prevalence; between the principle of access to justice, with legal certainty; bilateralism or defense, with principal of economy or procedural celerity. The impregnation of the procedural rules by the principles are demonstrated through the line of jurisprudence drawn up by the Colombian Constitutional Court, the excess of rigor show, through which it resolves the conflict between the principle of the formalism and the principle of the prevalence of substantive law. And by the line of jurisprudence drawn up by the Council of State, in which it was resolved the tension between the principle of legal certainty and the prevalence of substantive law. Leaving open as conclusion a discussion quite suggestive, which refers to whether, the impregnation of the constitutional principles of the process in the procedural rules can be regarded as an overcoming of positivism which has characterized the procedural law.

Palabras clave : legal principles; process; right to a fair trial.

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