Abstract
This study analyzes the constitutional admissibility of ‘additive’ decisions in Colombia
in those cases in which the court is carrying out constitutionality control of a constitutional amendment (i.e., of a constitutional provision). We examine Judgment C-579
of 2013, which imposed conditions on a constitutional amendment, and conclude
that this type of decision is not legitimate. In consequence, we suggest alternatives
for overcoming the interpretive and democratic problems posed by this type of
decisions on constitutional matters which had not been used previously by the Colombian Constitutional Court.
in those cases in which the court is carrying out constitutionality control of a constitutional amendment (i.e., of a constitutional provision). We examine Judgment C-579
of 2013, which imposed conditions on a constitutional amendment, and conclude
that this type of decision is not legitimate. In consequence, we suggest alternatives
for overcoming the interpretive and democratic problems posed by this type of
decisions on constitutional matters which had not been used previously by the Colombian Constitutional Court.
| Original language | Spanish |
|---|---|
| Title of host publication | ANUARIO DE DERECHO CONSTITUCIONAL LATINOAMERICANO |
| Pages | 437-478 |
| Number of pages | 42 |
| State | Published - 2015 |
Keywords
- Constitutional Court
- limits to the amendment
- legislative and constitutional omissions
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