Abstract

HIGUERA-JIMENEZ, Diego Mauricio. Limits to the power of reform, amendments and alterations to the Constitution. Opin. jurid. [online]. 2017, vol.16, n.32, pp.97-126. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v16n32a4.

The Political Constitution of a State can be defined as a political juridical act that establishes the structure of the State, its principles and essential purposes, its model of State and Government, its constitutional rights, duties and defense mechanisms, among others, and is summarized in the expression Navigation Chart of that State. Although constitutions are the most important legal text in a constitutional legal system, this should adapt themselves and be dynamic in order to respond to the needs of the collective that governs them. To this end, the degree of rigidity in the constitutional reform procedure must be defined, which must be different from that of an ordinary norm. This document will study the different ways how the Constitution can be reformed in Colombia, both formal and informal modifications, and the alterations that such reforms or modifications produce in the legal system, based on both normative and jurisprudential analysis, which allowed us to establish the various ways in which the original charter can be altered by a subsequent one.

Keywords : rigidity; legal security; modifications; reforms; constitution; alterations; formalisms; jurisprudence; legitimacy.

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