Maestría en Derecho Constitucional · 2023

Criterios jurisprudenciales aplicados por la Corte Constitucional para definir el elemento esencial de la Constitución

The reforms of the constitution are under the mandate of the Constitutional Court, by virtue of the provisions of art. 241 of the 1991 Political Constitution, where it has introduced in its jurisprudence the so-called substitution test in order to support the competence of the Constitutional Court to control the content of the reforms to the constitution. This research aims to specify the jurisprudential criteria used by the Constitutional Court of Colombia when identifying the essential elements of the constitution. It will study the cases in which the Court has used the substitution test and where the concept of essential element of the constitution was applied, exposing the argumentative lines of the Court's decisions, concluding that this entity does not apply clear and uniform criteria and sometimes does not use all the steps of the substitution test.