Efficacy of the unconstitutionality exception as a constitutional control mechanism

• Main Authors: Jane Catalina Cortés-Escárraga, Juliana Victoria Ríos-Quintero
• Format: Article
• Language: Spanish
• Published: Universidad La Gran Colombia 2018-02-01
• Series: Inciso
• Subjects: Control de constitucionalidad, eficacia, excepción de inconstitucionalidad.
• Online Access: http://revistas.ugca.edu.co/index.php/inciso/article/view/816

This article assesses the effectiveness of the unconstitutionality exception as a constitutional control mechanism in the contentious-administrative jurisdiction of the Quindío province, based on a socio-juridical study, with a mixed approach (quantitative and qualitative), which includes the analysis of 363 sentences pronounced by the Administrative Court of Quindío related with control of nullity and the restoration of labor and pension rights between 2011 and 2016, and of the perception that the magistrates of the High Court have on the unconstitutionality exception. The concept of effectiveness is explained from the thesis of the range of significance proposed by Navarro and Moreso, an approach that allows to conclude that the exception of unconstitutionality, in the studied cases, is effective.