Control de constitucionalidad por vía de excepción

Una revisión de la literatura

Abstract

Judicial review by way of exception, also known as exception of unconstitutionality, is one of the concrete expressions of the constitutionality of laws in Colombia, through which in exceptional situations, one person whose duty is to apply a norm may no apply it by considering it blatantly violates the Constitution. This article aims to review the existing literature on judicial review by way of exception in order to analyze its effectiveness, genesis and praxis, howsoever it is legally significant determine how the academic community's understanding and handling the issue. Based on the articles obtained by reviewing the literature a content analysis approach leading to four types of results was performed. Most of the studies analyzed are eminently theoretical, and argue that the figure analyzed is sufficient for ensuring compliance with the principles enshrined in the Constitution, against a minority that criticize it, because it violates the maximum of equality, separation of powers and legal certainty. The absence of applied research to verify the conclusions obtained in previous work on the exception of unconstitutionality is evident. It is proposed that future research addressed in this institute legal practice and empirically contrast the effectiveness and usefulness of the exception of unconstitutionality within a jurisdictional area and a defined time frame.