journal article
With a little help from the people”: Actio popularis and the politics of judicial review of constitutional amendments in Colombia 1955–90
Fecha
2021Registro en:
1474-2640
10.1093/icon/moab075
Institución
Resumen
This article examines the reasons behind the consolidation of the Supreme Court of
Colombia’s authority during the second half of the twentieth century as the ultimate um-
pire of amendments’ constitutionality. After analyzing the case law of the Supreme Court
between 1955 and 1990 and the political environment in which it rendered its decisions,
the article claims that the Court managed to cement its power to review amendments thanks
to the presence of a novel constitutional experiment, as well as to the existence of certain
political conditions. With respect to the first factor, an actio popularis (by which any citizen
had the right to petition the Court and challenge the constitutionality of legislation) granted
the Supreme Court a constant flow of cases that allowed it to entertain and adjudicate on cit-
izens’ petitions questioning the constitutionality of amendments. Regarding the latter factor,
democracy and political pluralism gave the Court some room to quietly consolidate its juris-
diction to review amendments and, eventually, quash some of them. The article concludes
with a cautionary note on the success of actio popularis and the doctrine of unconstitutional
constitutional amendments as deployed by the Supreme Court