The Authoritarian Use of the Law: An Approximation from the Colombian Constitutional Structuring Process
One optimistic expression that hides one of the most recurrent political phenomena in Colombianhistory was uttered by constitutionalist lawyer Diego Uribe Vargas: eternal “loyalty to the law and respect for juridical norms”, reinforcedby the idea of affection for democracy and its institutions. This...
| Autor Principal: | Restrepo Restrepo, Juan Cristóbal; Pontificia Universidad Javeriana |
|---|---|
| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Pontificia Universidad Javeriana
2013
|
| Materias: | |
| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/papelpol/article/view/7344 |
| Etiquetas: |
Agregar Etiqueta
Sin Etiquetas, Sea el primero en etiquetar este registro!
|
| Sumario: |
One optimistic expression that hides one of the most recurrent political phenomena in Colombianhistory was uttered by constitutionalist lawyer Diego Uribe Vargas: eternal “loyalty to the law and respect for juridical norms”, reinforcedby the idea of affection for democracy and its institutions. This situation contrasts dramatically with the political and partisan crises and the perennial constitutional and legal changes, which allows for an approximation to the so–called authoritarian use of the law as a consequence of the predominance of politics over the law; of the personality of whoever representsan institution and the will of whoever rules, over the theoretical constitutional mandate, of the rite that hides powerful interests. In order to unveil the phenomenon mentioned above, this article reviews two constitutional processes of the 19th century that shaped the political regime and whose permanent features, paraphrasing Hernando Valencia Villa, have perpetuated themselves and have resisted any change from above. Perhaps 1991 cracked the system to a certain extent but only time, the long time, could make it evident. |
|---|