Afectación innecesaria de la supremacía constitucional por los fallos de inexequibilidad diferida en Colombia

Abstract

This investigation work propose reasons or arguments that explain why deferred inapplicability judgements unjustifiably decreases constitutional supremacy in Colombia, based on the study of several cases resolved by the constitutional court and the recognized procedural model of weighting, in order to demonstrate that legal certainty is not respected exclusively with the unnecessary sacrifice of constitutional supremacy, but with the application of the general principles of law, in their integrating dimension, as they are true legal norms, which constitute true sources of law, in the absence of law. Equally, it is evident that in the scenario of deferred unenforceability the constitutional supremacy has been defeated by arguments related not only to legal security, but also with the separation of powers and a wide margin of legislative configuration, convenience in matters of oil policy and tax policy, financing of the health system, among others. Additionally, it was observed that the extension of the therm conferred to the legislator, to issue new norms that define the matters invalidated by the court, depends on the complexity of the issue, as happened with judgements C-141 of 2001 and C-737 of 2001, examined in chapter ll.