Sustitución constitucional: control judicial de las reformas constitucionales en Colombia.

Abstract

This research focused on the issue of the scope of judicial review in constitutional amendments in Colombia and its implications for democratic governance, viewed through the lens of the tension between the democratic principle and constitutional supremacy. The objective was to analyze the judicial review exercised by the Constitutional Court in Colombia and its impact on defining the limits of the power to amend the Constitution considering the relationships among the branches of government. The methodology used to conduct the research was a qualitative approach and a doctrinal legal design, involving jurisprudential analysis and a review of primary and secondary sources. As a result, it was found that there has been an evolution regarding substantive and formal control, which has been consolidated through the doctrine of constitutional substitution, in which certain substantive limits on the constituent power derived from the Constitution itself have been established; it was identified that this has an impact on institutional balance and political dynamics. Based on the research process, it is concluded that judicial review is an indispensable mechanism for protecting the constitutional order; however, it has generated tensions, requiring a balance that ensures democratic governance.