vol. 3 núm. 5 (2021): enero - junio

This text will reflect on judicial control from the review of doctrinal and legal sources that allow showing the political characteristic of constitutional courts, in order to explain the theories on the election of magistrates by making a short comparison with some Latin American countries. And finally, we will explain the Bolivian case in detail. The foregoing leads to the following question: Does the form of election of magistrates implemented in Bolivia harm the legitimacy and independence of the constitutional courts, taking the Colombian case as an example? To answer this question, four sections are developed: 1. Independence and legitimacy of the judge and the constitutional court; 2. Forms of election of magistrates; 3. The political character of the constitutional court; 4. Questions to the Plurinational Constitutional Court of Bolivia; and finally we will end by giving some brief conclusions seeking to respond to this conflict between legitimacy and impartiality.

This document carries out a normative and jurisprudential analysis on the model of the Social State of Law and Social Rights introduced by the 1991 Constitution, to validate its development. The main goal is to contrast the normative design with the reality of Colombian society to consider whether the social purposes of the state are met or if, on the contrary, the Social State of Law is a legal discourse and not a reality. To achieve such goal, the emergence and evolution of the concept of Social State of Law and its application in Colombian constitutionalism are taken into account; The study of social rights is carried out in conceptual and quantitative terms with satisfaction/deficiency indicators to identify the effectiveness degree those rights that allow the progress or setbacks of the Social State of Law to be concluded. The contrast among constitutional norms, jurisprudential rules and empirical data on the effectiveness of social rights lead us to the conclusion that in 30 years of legitimacy of the Colombian Constitution 1991-2021, the Social Rule of Law in our country is a fallacy that needs to be transformed into reality by social actors to undertake the programmatic content of the constitution. To fulfill social needs, there are legalpolitical instruments such as the National Development Plan and the Multi-Year Budgets, which meet public policy to procure the improvement and quality of life of Colombians and show that the Social State of Law is not a simple constitutional formula.

This paper observes the Bolivian constituent process from the theory of communicative action planted by Professor J. Habermas, analyzing for it: 1. the holder of the constituent power, which denotes the degree of participation, 2. the admissible topics to be covered in the constituent assembly which denotes the degree ofimposition, and 3. the traumatic procedure used and which concludes with the 2009 Constitution. In this sense, it is expected to show that the lack of rational debate in the Bolivian constituent assembly, after it was approved, prevented having a shared meaning, that is, that the lack of order and good faith in the debate projected and generated uncertainty in constitutional interpretation, even by specialized bodies in this type of interpretation, such as the Plurinational Legislative Assembly and the Plurinational Constitutional Court, so that determining the meaning of the constitutional text for the citizen is even much more difficult and uncertain.

The National Comprehensive Program for the Substitution of Illicit Crops (PNIS) is part of the Peace Agreement signed by the Colombian government and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP guerrillas). During its two first years, the program has contributed to diminishing coca bush cultivation, but it hasn’t provided enough responses to improve the quality of life for the communities involved in the substitution process. Gaps in the implementation of its components, instability of security conditions, and lack of articulation with the rural development strategies (RRI) have impacted the PNIS contribution to the transformation of the Colombian countryside.

Through qualitative research, with the application of a deductive method, using different tools such as querying databases, statistics, dogmatic references, historical antecedents and regulatory framework, this article aims to explain the worldview of the Achagua community. To then address trafficking in persons, its regulatory transit and modalities, giving rise to the explanation of the best interest of the children and adolescents and how when this is violated, the processes of reestablishing rights by the ICBF are carried out, including when it comes to the population, indigenous peoples. Generating an analysis of the data provided by said entity in comparison with the data provided by the FGN regarding the commission of the crime, to try to explain its possible origins, consequences, and from there, generate a series of guidelines to make follow-up on this behavior, avoiding its future attainment.

This article for reflection raises the concept of expanding citizenship. His claim is focused on answering the question: how does the citizen system expand in its relationship with the public administration, based on the decision reference in territorial contexts of the cities of Pereira (Colombia) and Santiago de Chile (Chile)? The reader will find four theoretical-methodological discussion aspects and results: 1) the citizen not in society, but with society; 2) the political system and the citizen as a psychic system; 3) the forms of the relationship between public administration/public citizens in the scenario of the cities of Santiago de Chile (Chile) and Pereira (Colombia); and 4) extension/non-application of the citizen, as a problem based on extension/non-application, by way of conclusions.

This article addresses the legal and political background of the 1991 Political Constitution of Colombia, the historical context in which it arose and the changes it entailed in the constitutional order, as well as the different reforms that have been made to it during three decades of validity. The reader will be able to recognize that Colombian constitutionalism has been characterized by a recurring constitutional inflation and that the 1991 Constitution, despite having represented notable advances in the face of the consolidation of the constitutional rule of law, has not been immune to this phenomenon and almost equates in number of amendments to the 1886 Charter, which was in effect for 105 years. To achieve this, a hermeneutical method of the social, legal and political sciences is applied that allows interpreting social and political phenomena, as well as sources of law, accompanied by the use of documentary, information and discourse analysis techniques, to the processing of data obtained, mainly, from bibliographic sources and formal sources of law.