The doctrine of constitutional substitution in Colombia: an approach to constitutional jurisprudence [LA DOCTRINA DE LA SUSTITUCIÓN CONSTITUCIONAL EN COLOMBIA: UNA APROXIMACION A LA JURISPRUDENCIA CONSTITUCIONAL]

Abstract

Substitution implies the replacement or excessive limitation of a defining or structural element of the constitution within the framework of the constitutional reform. It has been established as a judicial methodology to discern whether a constitutional reform may be unconstitutional. This study makes an approach to the concept of the replacement of the constitution in Colombia, established through the jurisprudence of the Constitutional Court, in order to determine its main foundations and application requirements. This investigation is divided into two parts: i) The identification of the main reasons used by the Constitutional Court to found this doctrine, especially the concept of defense of constitutional supremacy and constituent power; and ii) demonstrate the evolution of the doctrine from its emergence in 2003 to 2019. Finally, the conclusions related to the possibility that the substitution could become a judicial overreach will be presented. This research used the bibliographic or documentary method with a hermeneutical and analytical approach, specifically for the identification and study of Constitutional Jurisprudence. © 2021 The authors.