Legal uncertainty in face of the impediment for exercising the public action of unconstitutionality within the special peace process

• Main Authors: Diana Marcela Joya Rojas, Angye Nathalia Sánchez Muñoz
• Format: Article
• Language: Spanish
• Published: Universidad Santo Tomás 2018-02-01
• Series: Revista IUSTA
• Subjects: control constitucional; acto legislativo; proceso de paz; seguridad jurídica y democracia
• Online Access: https://revistas.usantotomas.edu.co/index.php/iusta/article/view/4093

This research document seeks to identify to what extent the legislative acts issued under the special peace procedures generate legal certainty, considering that its constitutional control is performed only for procedural flaws in its formation and sua sponte, without allowing citizens to pursue the public action of constitutionality. For this reason, the legal nature of these mentioned legislative acts must be established, and also determine the constitutionality process, as stipulated by the Constitutional Court. In addition, it is evidenced that this legal imbalance has a solution through the different types of decisions the constitutional court can issue, for the purpose of exercising material and formal control over the reforming acts. In this particular case, issuing a judgment that interprets and makes an addition to the implementation of the peace agreement, with the purpose of ensuring the primary constitutional power and the participatory democracy as a fundamental characteristic of a democratic and constitutional social rule of law.