El “fast track”: ¿un mecanismo de flexibilización de la Constitución de 1991?

Translated title of the contribution: The “fast track”: A flexibilizations mechanism of the 1991 political constitution?

Diana Durán Smela, David Cruz Gutiérrez

Research output: Contribution to journalArticlepeer-review

3 Scopus citations

Abstract

This paper presents a study about the special legislative procedure for peace, popularly known as fast track, and its role in the Colombian political transition. This study faces the interpretation that the fast track was an ineffective mechanism for the legislative implementation of the Peace Agreement, and attempts to explain this through two points of analysis. First, it presents the difficulty of implementing the constitutional amendments that the Agreement needed without activating the constituent power, which made it necessary to make the Constitution more flexible in order to integrate the pillars of the Agreement into the Constitution. Second, it explores the concept of constitutional aporia, that is the logical difficulty of reform the constitution through the categories of original and derived constituent power, and their consequences on the rigidity and flexibility of the Constitution.

Translated title of the contributionThe “fast track”: A flexibilizations mechanism of the 1991 political constitution?
Original languageSpanish
Pages (from-to)3-29
Number of pages27
JournalRevista Derecho del Estado
Issue number48
DOIs
StatePublished - 7 Dec 2020

Bibliographical note

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© 2020 Universidad Externado de Colombia. All rights reserved.

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