Publicación:

El control de constitucionalidad en el sistema jurídico colombiano

Resumen

The promulgation of a new Political Constitution in 1991 brought with it the creation, formation and operation of a Constitutional Court, which, according to article 241, is in charge of safeguarding the integrity and supremacy of the Constitution. In exercising such functions, the Constitutional Court decides on the constitutionality of the draft statutory laws that develop the constitutional text or of the reform acts of the constitution. This research collects and analyzes legal literature to understand the scope of constitutionality control, identify its classes and know the guidelines that characterize it within the framework of the Colombian legal system. For this purpose, a documentary theoretical investigation has been carried out that uses the systematic analysis of legal literature to address and solve the proposed problem, with a qualitative approach. Thus, it has been possible to identify the jurisprudential guidelines established by the Constitutional Court for the valid realization of the control of constitutionality, concentrated and diffuse, in consideration of the imperative that establishes that to define its enforceability or unenforceability, it is not a discretionary task of the constitutional judge, but rather the implementation of a methodology developed by jurisprudence and that includes stages, guidelines, parameters and standards to ensure its validity.