LA LUCHA DEL DERECHO POR LOS LÍMITES
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Keywords

Limits to the Constituent Power; Reform or Change of the Constitution; Functions of the Constitutional Court.

How to Cite

openjournalsystem, openjournalsystem. (2024). LA LUCHA DEL DERECHO POR LOS LÍMITES. Revista De La Academia Colombiana De Jurisprudencia, 1(380), Álvaro Andrés Motta Navas Pag. 248 - 284. Retrieved from https://revista.academiacolombianadejurisprudencia.com.co/index.php/revista_acj/article/view/416

Abstract

The doctrine has affirmed that the original or primary constituent power is unlimited and based on this premise, in some occasions, processes of constitutional change have been advanced without following the procedure provided for in a current Constitution. Likewise, it has been argued that the Constitutional Courts, being the closing organs of the constitutional jurisdiction and defending the supremacy of the Constitutions, hold the power of the last word in law. Based on these positions, some problems within the logic of the legal system are described and the possible contradictions that may arise in the face of freedom as the foundation of modern constitutionalism, which demands that in democracy and the rule of law there are always limits and any power must be controlled. Thus, the reflection deals mainly with the Colombian case, with the most relevant normative and jurisprudential references.

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