Abstract

TOBON TOBON, Mary Luz. THE INTERNAL UPHEAVAL: THE JUDGMENT OF CONSTITUTIONALITY IN LIGHT OF THE 1991 POLITICAL CONSTITUTION OF COLOMBIA. Prolegómenos [online]. 2016, vol.19, n.38, pp.145-160. ISSN 0121-182X.  https://doi.org/10.18359/prole.1975.

This article seeks to carry out an analysis of the declaration of the State of exception of internal upheaval in the light of the Colombia's Political Constitution of 1991, to demonstrate the tensions that occur in the executive branch and the judicial branch at the political, juridical, constitutional and legal levels during the declaration of the state of internal upheaval from an evolutionary, descriptive and analytical perspective. To that end, this document is developed in three sections: it deals with the state of emergency in the Constitution of 1886; the state of internal upheaval, determining its nature and limits in accordance with the Political Constitution of 1991, and finally the article concludes with the judgement of unconstitutionality which has to be made by the Constitutional Court to determine the constitutionality or otherwise of a legislative decree.

Keywords : State of exception; internal upheaval; constitutional control; judgement of unconstitutionality.

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