Abstract

CASTILLO SANCHEZ, Camilo  and  CASTELLANOS MORALES, Ethel Nataly. The constitutional disguise: the relative constitutionalism. Pap.polit. [online]. 2009, vol.14, n.1, pp.13-38. ISSN 0122-4409.

The history of colombian constitutionalism has been characterized by many interesting contradictions and particularities in terms of constitutional theory. This essay seeks to study some of the situations that we consider part of relative constitutionalism or the constitutional disguise. We believe that this concept can explain the reasons why Colombia has conserved certain stability despite having not consolidated rule of law. Some of the phenomena that are relevant in colombian constitutionalism and are characteristic of relative constitutionalism are: the constitutional dictatorship, the war and its relationship with constitutional legitimation, and the change in the meaning of sovereignty to facilitate the transfer of power to a benevolent dictator. We will try to show those ideas through a brief historical review, an approximation to classical authors of Constitutional Theory, the use of those concepts in Colombian republican history and at this moment. In our opinion we will demonstrate that relative constitutionalism has been the way to avoid material demands proper to the rule of law, while managing to maintain the appearance of a strong defense of constitutionalism and its values.

Keywords : Constitutional law; colombian constitutional law; colombian constitutional history; constitutionalism and democracy; Colombia - Constitutional history; Constitutional law - Colombia; Democracy - Colombia.

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