Abstract

MOLINARES HASSAN, Viridiana. Irregular war and constitution: judicial activism of the constitutional court of Colombia. Cuest. Const. [online]. 2013, n.29, pp.245-283. ISSN 1405-9193.

We present an analysis of case law developed by the Colombian Constitutional Court in the review of three proposed constitutional amendments, initiative gubernatorial, legislative and popular, promoted between 2002 and 2010 to constitutionally enshrine the figure of an immediate presidential reelection, for three consecutive terms. This figure favored the continuity in the government of Álvaro Uribe and his program of government: Democratic Security Policy (DSP), whose objective was to achieve peace through the declaration of war against the guerrilla group Revolutionary Armed Forces of Colombia (FARC). Our purpose is to implement and bring out the three initiatives to describe the Colombian constitutional development, immersed in processes of political violence against the State and the State, and the balance that has served the Constitutional Court (Court) from a strong judicial activism.

Keywords : State constitutional irregular war; constitutional review; judicial activism; control of constitutionality; constitutional amendments; constitutional development.

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