Abstract

HARTMANN-CORTES, Kevin; HERRERA, Juan Felipe  and  ANGARITA, Gabriel Hernando. The 'Privatization' of the Public Action of Unconstitutionality. Rev. Derecho Estado [online]. 2021, n.50, pp.203-259.  Epub Mar 07, 2022. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n50.08.

The 'argumentative requirements' established to assess the admissibility of constitutional complaints ended up eliminating the public and informal nature of the public action of unconstitutionality. This article provides empirical evidence of how the development of the Constitutional Court's case-law has encouraged its 'privatization'. We refer to two simultaneous phenomena: the generalized restriction to exercise the citizen's right to participate in the control of political power through this figure; and the concentration of its use and enjoyment in an elite: lawyers. Our models suggest a strengthening of unjustifiable inequalities in the exercise and enjoyment of the rights incorporated in this action. These inequalities are present between lawyers and non-lawyers and between men and women. Finally, we point out how its effects should be considered when reviewing the action's scope and content. We further recommend some measures for its future development.

Keywords : Public action of unconstitutionality; Constitutional Court; constitutionality; inhibition; judgment on the merits; ineptitude of the claim; admission; rejection; law license; inequality.

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