Abstract

TOBON-TOBON, Mary Luz  and  MENDIETA-GONZALEZ, David. States of Emergency in the Colombian Constitutional System. Opin. jurid. [online]. 2017, vol.16, n.31, pp.67-88. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v16n31a3.

From a juridical analysis about the regulation of states of emergency in the Colombian juridical system and the assessment conducted by the Constitutional Court, this article is intended to show that, thanks to the 1991 Colombian Constitution, today there is a state of emergency system in Colombia which holds strong warranties and controls to protect human rights. For this reason, a historical journey will be made on such figure, establishing the most important aspects currently active in current regulation on emergency powers. Finally, the article will address the study of each state of emergency: state of foreign war (article 212 of the Political Constitution); state of internal disturbance (article 213 of the Political Constitution); and state of economic, social, and ecologic emergency (article 215 of the Political Constitution), clearly defining nature, limitations, and budgets of each one, which will allow us to demonstrate the Copernican turn with respect to the former state of siege

Keywords : Colombian constitution; states of emergency; control and warranties..

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