Abstract

JARAMILLO GIRALDO, Juan Esteban. THE PROBLEM OF THE LIMITS TO REFORM POWER OF THE POLITICS CONSTITUTION OF 1991. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2013, vol.43, n.118, pp.309-348. ISSN 0120-3886.

Abstract This article analyzes the problem of the limits to reform' power in the Politics Constitution   of 1991. After reviewing the main theoretical references of the discussion, from disciplines such as political philosophy, constitutional theory and general theory of law, establishing the points of discussion among essentialists and substancialists postures, it explores the case-law of Colombian Constitutional Court, from C-551 judgment of 2003, which introduces the concept of  competencies limits, in order to maintain the distinction between  constituent and reform power, in that sense, making the difference between transforming, subverting or to abolish the Constitution, and reform it. The arguments outlined by the Constitutional Court are critized, whenever is intended to solve a logic problem of the constitutional system, from a positivist interpretation of the Constitution.

Keywords : Constitution; constitutional reform; constituent power; power of reform; Constitutional Court; limits to political power.

        · abstract in Spanish | French | Portuguese     · text in Spanish     · Spanish ( pdf )