Abstract

COLON-RIOS, Joel. The Power of a Constituent Assembly: Reflections on the Constitution of 1991 and its Article 376. Rev. Derecho Estado [online]. 2021, n.50, pp.77-98.  Epub Mar 04, 2022. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n50.04.

From the perspective of constitutional theory, there are two key questions that emerge in discussions about constitution-making. First, what mechanism should be used for the exercise of constituent power? The answer that the practice of contemporary constitutionalism has given to that question is clear: a Constituent Assembly. The second question, the question in which this article is focused, is what is (or should be) the nature of the power of a Constituent Assembly? The answer that the practice of contemporary constitutionalism has given to that question is that such a power has a sovereign nature. My purpose is to show that that answer should be rejected. In advancing that argument, I will use as my main example the Colombian case and Article 376 of the Constitution of 1991.

Keywords : Constituent power; constituent assembly; sovereignty; Constitution of 1991; constitution-making; constitutional reform; imperative mandate.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )