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The following article aims to analyze the legal position of the student movement of the time which dynamism the process of the pre- constituent who gave birth to the 1991 politic constitution, this towards the initiative seeking of a second presidential reelection in the Colombian constitutional system; the Constitution of 1991 was a tough race in constitutional control model and this participative exercise safeguard the Political Constitutional letter; the analysis focuses on the close execution plans to the High Court ruling roaches; the article seeks to generate a sense of reflection in regards to the constituent derivative and primary on this Colombian Constitution history. [ABSTRACT FROM AUTHOR]

This paper identifies two types of constitutionalism, understood as knowledge of the law established by the constitutional rights of the Constitution of Colombia and which it calls the (initial) moral reading and the (current) turn towards efficacy. Its main argument says that instead of complementary types of knowledge, an adequate understanding shows them as the exclusive alternatives that arise from our need to choose (between two readings on the way in which such norms operate within the judicial courts as devices of claim Social). For his defense it resorts to a strategy in which both types of constitutionalism are linked to the republicanism of Machiavelli (the fight for effective power) and that of Montesquieu (the fight against despotic power). This, first, to sustain that a moral reading in a comprehensive sense and in which the type of reconciling reason that Alexy works with operates would allow his harmonic understanding; second, that under political conditions such as those of the department of Córdoba (which Espinosa and García call institutional apartheid) it becomes inevitable to choose between undertaking the fight against the power deficit or against despotic power. [ABSTRACT FROM AUTHOR]

This paper explores the first 25 years of the Colombian Constitution of 1991. It marks the excessive optimism that the Constitution was received with by the people and the academy in general. However, over the years, although the Constitution changed the Colombian political reality significantly, it started to lose its charm. Among other reasons, (i) this Constitution could not satisfy the high expectations generated, (ii) the continuous reforms that the political class made to it, derailing the original model, and (iii) the way the political system managed to adapt to the new constitutional system so well that we could say "everything changed to stay the same". Moreover, we present the risk implied by a judicial democracy for the Colombian political system. Finally, this paper invites not falling into extreme points (nihilism, on the one side, ingenuity, on the other), so a critical skepticism is suggested regarding what is presented today as Constitution and its immediate future, in post-conflict times. [ABSTRACT FROM AUTHOR]

The primary objective of this paper, one of the products derived from the author's doctoral thesis, is to indicate how the current Brazilian Constitution innovates to define cultural heritage and establish measures for its preservation. With this purpose, the author makes a genealogy of the so-called "Cartas Políticas" of Brazil, which addressed heritage issues. Without examining the process that led to their formation in depth, this paper aims to demonstrate how the current Constitution extends the concept of heritage, albeit with some limitations, such as the naturalization of cultural diversity. [ABSTRACT FROM AUTHOR]

This paper shall not discuss the power of judicial review, principle of the Colombian rule of law and carried out by the judiciary branch since 1910. In fact, the main purpose of this paper will be to carry out a critical analysis of the judicial review of unconstitutional constitutional amendments when these amendments are made by the legislative when exercising its power to amend the constitution. First of all, a short historical analysis will be made in order to demonstrate that the constitutional replacement theory was not created by the Constitutional Court in the decision C-551-03, but it was already discussed within the framework of the amendments to the 1886 Constitution. Such analysis shall evidence that this theory has been used as a political tool in complex and convulsed political moments of the Colombian history. On the other hand, this paper shall evidence that the Colombian Constitution of 1991 does not contain immutable clauses, nor does the Constitution concede to the Constitutional Court the power to undertake the judicial review of the content of the constitutional amendments —the Constitution grants the Court the power to review constitutional amendments exclusively on procedural grounds—, since such power is vested in the people when the constitution is amended by Congress. [ABSTRACT FROM AUTHOR]

The recently in force Bolivian Constitution of 2009 brings a change in the structure of the legal system. This paper analyzes such change through the formal relations among the legal sources and exposes the structure of the Unitarian and territorially decentralized State shaped by the Constitution. Besides a previous theoretical frame, the paper is divided into two main parts: the first one regards the Constitution as a legal source, and includes the legal consequences of its supremacy, the limits of the interpretation clause of the Constitution and the application of the stare decisis doctrine to the Constitutional Court precedents; the second part exposes the ordinary legal sources, its respective position in the structure of the legal system and the formal relations among them. [ABSTRACT FROM AUTHOR]

This paper studies the incidence of the Constitution and international treaties for the effective protection of human rights in Mexico, after the constitutional reform of June 10th 2011 and the paradigmatic sentence of the Supreme Court of Justice of the Nation within the file varios ('various') 912/2010. With these changes, international criteria become an interpretive parameter that end the sole and final interpretation of human rights. Based on an epistemological approach, the Mexican constitutional openness to the international protection of human rights builds an external control and a double guarantee for such rights, which extends beyond reductionist or unilateral criteria from the exclusive will of the State; that is to say, there is a reciprocal dialogue between domestic and international judicial bodies that seeks to overcome the protectionist monopoly in relation to human rights in Mexico. [ABSTRACT FROM AUTHOR]

Although the reference to law on public policy theory is scarce, legal interest in this topic has increased in Colombia in recent years. One reason for this connection is the repetitive reference to the concept of public policy in constitutional jurisprudence. The aim of this paper is to reconstruct the narrative of the Colombian Constitutional Court about the notion of public policy since the promulgation of the 1991 Constitution until 2013. The approach to accomplish this task is the narrative analysis of public policy which is addressed primarily by Emery Roe (1994). The reconstruction of such narrative takes place in two stages: first, I explore different scenarios in which the Court refers to public policy in its narrative. Second, I analyze the formal aspect of the narrative, that is, the different ways how the Court understands the public policies and what is the legal form that these policies should take. [ABSTRACT FROM AUTHOR]

France revised its Constitution in 1971, but the modification was not carried out by one of the organs authorised by that same text. Colombia replaced its Constitution in 1991, but did these constitutional changes comply with the laws of the time? The present paper is an overview of these juridical transformations from the point of view of the theory of juridical revolution, which is applied in order to determine the new legal basis of each of these legal systems. [ABSTRACT FROM AUTHOR]

The present paper approaches, from a legal, doctrinal and jurisprudential perspective, the concept and extent of the "Own Acts Doctrine" or "Venire Contra Factum Proprium Nulla Conceditur" as a general principle of what it implies as a right, according to different law systems and, in particular, according to Argentinean law. It settles and analyzes the requirements for its due application in each precise case and to prevent therefore any discretional uses, acting either as a shield against inappropriate pretensions or as a device to silence an exasperating judged pretension, which, paradoxically have been given to this valuable tool founded on good faith. [ABSTRACT FROM AUTHOR]

With the entry in force of the Political Constitution of Colombia of 1991, the economic regime and the public property of the country took a new configuration, therefore, is necessary begin with new parameters for his studies. This paper, is in broad strokes, an attempt to define or at least to visualize the causes and the effects that these new competitions have brought for which it is our constitutional ordering and his relation with the forces of the economy, in special, whit the competitions to the prescribed and regulating (similar concepts, but non equal competitions) of Central Bank. This, from the specialized perspective of the activity exchange, but that to analogical way (beginning with the Law 31 of 1992 and the constitutional theory of the general laws) is interpretable and applicable for the rest of competitions of the Central Bank in the Colombian State. [ABSTRACT FROM AUTHOR]