Reforma constitucional y justicia transicional: hacia una interpretación flexible de los elementos definitorios de una constitución vigente
The peace agreement in Colombia was signed in the context of a constitution in force. The transitional justice instruments were implemented in multiple constitutional amendments that produced tensions against the current political regime. One of these constitutional amendments incorporated a sp...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7730457 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 17, Nº. 2, 2020, pags. 53-71 |
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| Summary: |
The peace agreement in Colombia was signed in the
context of a constitution in force. The transitional
justice instruments were implemented in multiple
constitutional amendments that produced tensions
against the current political regime. One of these
constitutional amendments incorporated a special
constitutional modification procedure to make the
transitional justice process possible. In sentence
C-332 of 2017, this constitutional amendment
procedure was declared partially unconstitutional.
The purpose of this article is to analyze how tensions
between the interpretive rigidity of the constitution
and transitional change are overcome. Therefore,
it is argued that a transition process implies a
flexible constitutional identity to adapt the current
regime to the demands of transitional justice. The
constitutionality control carried out on the special
constitutional amendment procedure can be read as
a political control to the peace process and not as a
legal control to the amendment procedure. |
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