Abstract

QUINCHE-RAMIREZ, Manuel Fernando. The Reforms to the Justice System During the Life of the Constitution of 1991. Rev. Derecho Estado [online]. 2021, n.50, pp.295-322.  Epub Mar 08, 2022. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n50.10.

This article is the results of the research project entitled Constitutional Reform and transformative constitutionalism. It has as its central theme the reforms to the justice system developed during the validity of the political constitution of Colombia of 1991. The text examines the reforms in three scenarios: the one with the constitutional amendments, the implementation of programmes of judiciary decongestion and dejudicialization policies and administrativization of the justice. The thesis states: i) that after 30 years of validity of the constitution and the issuance of 56 constitutional amendments, it has not been made a reforms to the justice system that is comprehensive and effective; ii) that the programs of judiciary decongestion have not been successful and have been loosing the exceptional and transitory nature to become now permanent, and iii) that the dejuditialization policies and relief increase the concentration of power in the executive branch, weaken the control network and erode the democracy in Colombia. It is about a documentary and analytical research that evaluates a transcendental subject in a defined period.

Keywords : Judicial reform; constitutional reform; judiciary decongestion; constitutional democracy.

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