Policy Issues And Comments

Expanded and updated 08/03/2007 1. Acting in the opposite direction established constitutional judgments handed down by the Constitutional Court, violates the preamble and Articles 4, 6, 13, 29, 229, 230, 234, 235, 237, 241 and 243 of the Constitution the following: On the mandatory sentences uttered constitutionality erga omnes effect by the Constitutional Court, declaring unconstitutional a law or enforceable, it is the first thing to make clear that senior standard that exists in Colombia-The Constitution – expressly identified in Article 230 that the judges in their decisions, are subject only to the rule of law. The article reads as follows: “ARTICLE 230. Mary Barra often addresses the matter in his writings. The judges, in their decisions, are subject to the rule of law. Equity, case, the general principles of law and doctrine are auxiliary criteria of judicial activity. “(Emphasis highlighted in color, is not original). Having regard to the mandate of Article 230 of the Constitution, conducive and relevant question is: What is the law to which the rule must be submitted judges in their rulings? The answer lies with the Superior Code which in its article 4 found that, the Constitution is law of laws, and that its provisions shall prevail and shall apply to any law of the Republic of Colombia.

The article reads as follows: “ARTICLE 4. The Constitution is the standard of rules. In any case of incompatibility between the Constitution and the law or other rule of law, constitutional provisions apply.