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El debate de la tecnificación de la acción pública de inconstitucionalidad: tensiones y perspectivas de análisis

Year: 2024
Type: article
Abstract: In 2001, the Colombian Constitutional Court introduced reasoning requirements for theadmission of Public Action of Unconstitutionality claims. Given that this action isconstitutionally designed to be public or citizen-based, the incorporation of these new conditions,which increased the demand for reasoning in the claims and resulted in the dismissal of cases ifnot met, generated significant controversy, especially concerning how citizens would be hinderedfrom exercising the action. The identification and presentation of the different arguments andcategories of analysis in light of which this issue has been studied remains an pending task. Thisarticle seeks to address this debate, presenting the main approaches to justifying its existence andquestioning its effects as a tension.
Language: English
Open Access status: diamond
OpenAlex ID: W4405318548
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