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Cuando las constituciones callan: omisiones constitucionales relativas y la Sentencia C-579 de 2013

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

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.
Original languageSpanish
Title of host publicationANUARIO DE DERECHO CONSTITUCIONAL LATINOAMERICANO
Pages437-478
Number of pages42
StatePublished - 2015

Keywords

  • Constitutional Court
  • limits to the amendment
  • legislative and constitutional omissions

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