Abstract

CELEMIN CAICEDO, Yenny Andrea. Constitutional Substitution: reflexions from the check and balances principle. Prolegómenos [online]. 2020, vol.23, n.46, pp.15-33. ISSN 0121-182X.  https://doi.org/10.18359/prole.3601.

This work reviews the constitutional check of constitutional amendments in Colombia based on the constitutional substitution theory. A contribution to the topic is provided by identifying the characteristics and criticisms made to the constitutional substitution doctrine. This contribution is focused on the evaluation and analysis to the form this doctrine affects the principle of checks and balances. Through the study of some constitutional adjudications, it is evident that although certain excesses incurred by the Executive and Legislative branches crossing constitutional limits can be avoided with the controls to constitutional amendments, this doctrine can also induce the opposite effect. According to this, it is the Judicial Branch the one that uses the constitutional substitution to breach the parameters that guarantees the constitutional balances.

Keywords : Constitutional amendments; theory of Constitution substitution; checks and balances principle.

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