Abstract

MEJIA RESTREPO, Andrés Fernando. The superior council of the judiciary as a fundamental pillar of the constitution? a purpose of the principle of judicial self-government referred to in judgment c-285 of 2016. rev.ces derecho [online]. 2018, vol.9, n.1, pp.73-93. ISSN 2145-7719.  https://doi.org/10.21615/cesder.9.1.5.

This article intends to review, based on conceptual reference to necessary elements related to the judicial decision as the constituent power, limits to the power of reform and substitution judgement of the Constitution, the arguments put forward by the Constitutional Court in order to justify its position regarding the unconstitutionality of the reform indicated in the court verdict C-285 of 2016 because it replaces a fundamental pillar of the Constitution, which is the principle of judicial self-government, the use of this principle as a basis for the decision adopted is problematic, since, on the one hand, it is not within the constitutional clause, while on the other, other principles could be pointed out that would conflict with this and based on them the attempted reform would become constitutional.

Keywords : judicial self-government; Superior Council of the Judiciary; substitution judgment; verdict C-285 of 2016; Constitutional Court.

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