“La facultad constitucional de reforma como poder constituido y su límite material y competicional aparente de una intangibilidad relativa”

Abstract

The article to be developed, analyzes the necessary problem of the constituted power to reform a rigid Constitution, to adapt it to transitional conjunctures as the cessation of the armed conflict to the door of a stable and lasting peace, taking into account that the act of power Constituted is not comparable with the one of the original constituent power, because, constitutional reform is a legal act that is limited formally and materially by the Constitutional Rule, since it has to maintain its continuity and identity, preserving its essence, its life and Its supreme principles originating from the original constituent. Due to the above, the conjunctures or perspectives that require an adaptability of the supreme norm, legitimates the constitutional reforms, when these are subject of a constitutionality control, this is the way to corroborate that the reformed part is framed within the implicit limits, to Not to incur in a substitution of the charter, and to be involved in a lack of legitimacy and competence, for being this act a derivation of the constituent power and not this power itself.