Resumo

MENDIETA GONZALEZ, David. CONSTITUTIONAL ACTION: ON ITS 100TH ANNIVERSARY OF VALIDITY IN COLOMBIA. Vniversitas [online]. 2010, n.120, pp.61-83. ISSN 0041-9060.

The citizen action of unconstitutionality in Colombia is going to be one hundred years of uninterrupted validity. It means that in this country there were on abstracted control of constitutionality ten years before of the creation of the Austrian Constitutional Court and nineteen years before Kelsen created his theory of negative legislator. About the two latest, these have been a lot of discussions in the international field of laws but the Colombian constitutionalism has not been recognized as a pioneer in this field. From the beginning of the Colombian constitutionalism there have been mechanism of direct citizen participation towards acts emanated from the public powers which have been strengthened on weakened according to the historic time is going on. A different case has occurred in Europe where historically the politic control is not done by the citizens but their representants. The orthodoxy of the European continent does not accept the public action of unconstitutionality as a mechanism valid to avoid the abuse of power argued the constitutional court's collapse. On the other hand in America, this figure raises as institution to protect the individual and minorities rights against the power presidents and parlaments.

Palavras-chave : constitutional law; constitutions; action of unconstitutionality; control of constitutionality; Constitutional Court; Constitutional Law; Colombia; Constitutional Court; Control of constitutionality.

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