Abstract

CUCHUMBE HOLGUIN, Nelson Jair  and  MOLINA HINCAPIE, Sergio. Construction and renovation of the meaning of the line of jurisprudence on Article 241, paragraph 1, of the Constitution of 1991. Rev. Derecho [online]. 2015, n.43, pp.269-292. ISSN 0121-8697.  https://doi.org/10.14482/dere.43.6133.

This article attempts to make understandable the thesis that the judges of the Constitutional Court when articulating formal and material aspects in their interpretations facilitated the consecration and renewal of the sense of the jurisprudential line on the control of constitutionality of reformatory acts of the Norma Superior. First of all, we will present some of the inseparable principles to the process of formation of the Colombian constitutional State which impacted on the construction of the jurisprudence. Secondly, it was analyzed the way in which when articulating the formal aspects with the notion of vices of competition and the use of the replacement of the Constitution test methodology the sense of such jurisprudential line was updated. Finally, we conclude that in Colombia there is a bias of formalism as the sole correct criteria to carry out control of constitutionality to the reforms of the Constitution of 1991. This turn led to a Dialogic character to the game both to formal and material aspects. The analysis of the information gathered through the critical review was performed using tools of the hermeneutic methodological approach in line with the jurisprudence of the Colombian Constitutional Court concerning the constitutional reforms.

Keywords : Interpretation of the constitutional text; construction and renewal of the sense; reform acts of the Norma Superior material and deforeroalearguments and constitutional State.

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