Abstract

TORRES BAYONA, Daniel Fabián; CABALLERO PALOMINO, Sergio Andrés; MORENO ORTIZ, Mariel Viviana  and  VASQUEZ GUALDRON, Liseth Katherine. Application of the exception of unconstitutionality in Colombia. A case study from the San Gil Higher Court, 1991-2011. Rev. repub. [online]. 2021, n.30, pp.213-234.  Epub Aug 04, 2021. ISSN 1909-4450.  https://doi.org/10.21017/rev.repub.2021.v30.a104.

The exception of unconstitutionality can rescind a rule of law against a particular case, when this is contrary to the constitutional rules, in order to give effect to the principle of constitutional supremacy.

In this vein the present research focuses on the areas of law Specify and events in which youhave applied the exception of unconstitutionality in the Superior Court of San Gil Judicial District, Civil Division, Occupational and Family, in the period 1991-2011, so that you can check whether or not the judges implement this constitutional concept.

A good time was obtained as a result, it only made ??mention of this figure three times in the Labor room, once in the Civil hall and was never mentioned in the family room, without losing sight of that in all situations factual was requested only by the conflicting parties, allowing us to conclude that the judicial goes unnoticed the exception of unconstitutionality, a figure ineffective against officials resolved, so that the Constitution being «supreme law» in a social state law is irrelevant.

Keywords : Supremacy constitutionality; social state; judicial review; fuzzy control; exception of unconstitutionality.

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