Publicación:

Efectos reales de las consultas populares elaboradas por entes territoriales sobre la minería colombiana

Resumen

The present study was oriented to analyze the legal validity of popular consultations prepared by territorial entities on the development of mining as part of the National State administration, from which a qualitative and documentary approach research was developed. to the consultation of printed and electronic documents as the main research instruments. The main findings of the study give an account of the analysis of the regulations and jurisprudence that frame popular consultations in Colombia as a democratic tool in territorial decisions; Likewise, the rights of the Colombian State to manage the subsoil were identified; at the same time, the jurisprudential and norm limits of the popular consultations were enunciated, to identify the binding nature that it has; and finally the limit established by popular consultations prepared by territorial entities was established, showing that they can’t be inclusive to limit the administration of the National State.