Publicación: Supremacía, control y elusión constitucional
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Since the entry into force of the 1991 Political Constitution, various legal figures have been modified and created in Colombia; and as a result of this constitutional reform, the Constitutional Court is born and the system of sources of law and their respective control is modified. Thus the things, gave way to a renewed Constitutional control, with more force, with more scope and the most important, with its own institution to carry it out (concentrated control). Not satisfied with this great advance, the primary constituent envisaged more than one type of constitutional control and more than one competent institution to carry it out, granting powers to judges, public servants and individuals to carry out a diffuse control of constitutionality, in addition, it created two actions public (and political), whose competence lies in two different courts that exercise the materialization of abstract control of constitutionality. From these premises, some questions arise such as how effective is the constitutionality control? Despite the expansion of powers in the abstract constitutionality control, is it complying with the constitutional articles? Was it wise to create powers at the head of two constitutional courts? All these questions are reduced to raising a problem, according to which it is proposed whether the abstract control of constitutionality is as rigid as it appears or whether there are modalities for its avoidance, avoidance that consists of formally valid maneuvers or procedures, but materially contrary to supremacy. constitutional, proposed in order to avoid constitutional control and circumvent constitutional supremacy. To solve the question addressed, a descriptive, exploratory and propositional investigation was carried out that will allow us to give an answer to the unknown and together with it, a possible solution to this problem