Abstract

HENAO PEREZ, Juan Carlos. THE CONSTITUTIONAL COURT: A PUBLIC POLICY ACTOR. Rev.econ.inst. [online]. 2013, vol.15, n.29, pp.67-102. ISSN 0124-5996.

ABSTRACT This article indicates that the classic notion of division of power isbeing questioned in Colombia today. The high Courts, and especially the Constitutional Court, tend to promote public policies and to intervene in their design and implementation. The discussion begins with a definition of public policies and then presents some arguments that support and legitimize the Constitutional Court's intervention. It then analyzes some critical points of view and establishes the limits that the Court must respect in order to avoid exceeding its constitutional authority. Finally, it examines several cases in which the Constitutional Court has acted within these limits, giving other powers instructions to fulfill their constitutional obligations.

Keywords : separation of powers; Constitutional Court; public policy; constitutional powers.

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