Abstract

PARRA AVILA, Elliot. STRUCTURAL AND CYCLICAL ABNORMALITY IN THE COLOMBIAN STATES OF EXCEPTION: 1811-1991. Prolegómenos [online]. 2015, vol.18, n.36, pp.15-28. ISSN 0121-182X.  https://doi.org/10.18359/dere.931.

This article seeks to analyze the constitutional exceptionality from a normative perspective. The normality and abnormality situations, as well as the concept thereof, are closely related to the governing constitutional regulatory provisions. A system that presumes of constitutional normality and abnormality of facts, favors any eventual accumulation of presidential power and will be called a cyclical abnormality. On the contrary, presuming constitutional normality and facts normality, does not favor any eventual accumulation of presidential power and it will be called a structural abnormality. An analysis of the regulatory provisions of the Colombian Constitutions in force between 1811 and 1991, describes how these are part of the two proposed typologies. The conclusion is that most of the national constitutions fall into the cyclical abnormality.

Keywords : States of emergency; state of siege; constitutionalism; constitutional history; presidential power.

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