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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao International Journa...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
International Journal of Constitutional Law
Article . 2022 . Peer-reviewed
License: OUP Standard Publication Reuse
Data sources: Crossref
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Petrificando la rama judicial en Colombia: autointerés judicial y control de constitucionalidad inapropiado de reformas constitucionales a la justicia

Authors: Vicente F Benítez-R;

Petrificando la rama judicial en Colombia: autointerés judicial y control de constitucionalidad inapropiado de reformas constitucionales a la justicia

Abstract

Abstract This article analyzes the judicial review of constitutional amendments aimed at modifying the judiciary in Colombia. It holds that when the Supreme Court of Justice (under the previous Constitution) and the Constitutional Court (under the Constitution currently in force) have quashed acceptable amendments to the judiciary, they have probably exercised such a review in a self-interested way, that is, in a non-impartial manner. Building upon the notion of “inappropriate judicial review,” the article argues that this potential lack of impartiality deepens traditional objections associated with judicial review of amendments (like democratic, interpretive and petrification issues) and undermines courts’ credibility before public opinion, thus risking their independence. After diagnosing this constitutional pathology and showing it has spread to some other jurisdictions, this research suggests that judicial review of amendments should continue in place to neutralize abusive constitutional changes. Nevertheless, regarding reasonable amendments to the judicial branch, it proposes a set of institutional and behavioral alternatives that could help mitigate the difficulties that underly a judicial scrutiny of a constitutional amendment that impacts the judges in charge of such a scrutiny.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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