UNCONSTITUTIONAL STATE OF AFFAIRS IN COLOMBIA: JURISPRUDENTIAL ANALYSIS

Abstract

The purpose of this work is to analyze the legal figure called the unconstitutional state of affairs (ECI), a jurisprudential normative creation of the Colombian Constitutional Court, which has inter communis effects from the protection of the fundamental rights of people belonging to the same community or who have in common the affectation of the same fundamental rights derived from a systematic and permanent violation of these. For this purpose, we will review the application of this implicit legal norm in four sentences in which the Colombian Constitutional Court acts as a catalyst for constitutional interpretation under the protection of being the guarantor of the structure and normative content of the Political Constitution, despite how controversial the application of the ECI can be, especially with regard to the competences and formal limits that this Court must observe in order to clearly establish its competence in the face of the possibility of unbalancing the system of checks and balances.