This article seeks to make a reflection on the state of internal commotion in Colombia, from an evolutionary, descriptive and analytical perspective, which will allow us to understand the proportionality test on legislative decrees and the leading role exercised by the Colombian Constitutional Court in the defense, promotion and respect for human rights during the states of exception in Colombia, being one of the promises fulfilled by the constituents of 1991, for whom one of the greatest concerns was to place limits and guarantees on the abusive use of the former regime of the state of site that Colombia lived in the light of the Constitution of 1886. To develop this approach, the analysis will be carried out in three sections: the first will address the abusive use of the state of siege by the various governments in force covered in force of article 121 of the 1886 Constitution, highlighting that Colombia was governed by of a permanent state of siege until the promulgation of the 1991 Constitution. Then, the nature, limits and budgets of the state of internal commotion (former regime of the state of siege) will be studied in the normative framework of the 1991 Constitution, and finally, an analysis will be carried out on the use that the declaration of the state of internal commotion has had from 1991 to the year 2020, which will allow us to glimpse that this mechanism has fallen into disuse in Colombia, so the system of limits and Controls of the current Colombian state of exception regime is an example to be followed by other countries where the use of the exception has become the rule.
|Título traducido de la contribución||The limits established to the state of internal commotion in colombia: An example to follow in the Latin American context|
|Número de páginas||32|
|Estado||Publicada - jul. 2021|
- Constitutionality control
- Constitutionality judgment
- Internal commotion
- State of Siege