The global environmental crisis has a negative impact on ecosystems, biodiversity and communities, because of development models based on capitalist expansion, characterized by extrativism, excessive consumption of resources and intensive exploitation of nature.In this sense, a bibliometric analysis and review of literature on the evolution of the rights of nature during the...
This article examines the emerging and legally innovative notion of recognizing rivers as legal entities, using the Magdalena River as a case study. This recent debate on Bill 038 of 2023 seeks to elevate it to the aforementioned status. Through a comparative review of national and international legislation and jurisprudence, the article explores the paradigms and challenges...
The article presents the results of the analysis of the barriers to access to information and environmental justice based on a case study carried out in 27 municipalities of the Department of Caldas (Colombia). The objective of the research was to determine the compliance with SDG 6-Clean Water and Sanitation in municipal development plans. It starts with a conceptual discussion...
This text discusses the theory of unconstitutional constitutional amendments in the Chilean context. The main hypothesis is that this theory evolved from inconsequential to determinant. After briefly review contextual factors (regu lations on constitutional amendment and historical background), the article examines the Chilean literature on the limits to constitutional amendments...
The research analyzes the continuity or discontinuity of the policies of access to justice, the digital transformation of justice, and criminal policy from the first government of Álvaro Uribe to the present, within the framework of the national development plans. The above, in order to determine which policy proposals have been prioritized by these governments to overcome the...
This research article addresses the fundamentals for the Colombian Constitu tional Court to cite the jurisprudence of its Latin American counterpart courts in its "tutela", constitutionality, and unification decisions. And, consequently, it is analyzed whether the phenomenon of horizontal transnational judicial dialogue violates the judicial principles of legal certainty and...
This text aims to analytically and comparatively examine the processes of secularism during the 19th century in Mexico, Colombia, and Brazil, based on the cross-cutting question of why the separation of Church and State in Mexico was markedly combative, unlike in Colombia and Brazil. Although these processes were heterogeneous and had somewhat similar nuances, the Mexican case is...
The article considers the use of legal tools in the context of populist phenomena, relying on the recent Argentine experience. Firstly, it is argued that this type of phenomena is not totally para-legal, but shows the use law as a means to achieve political purposes. Secondly, it is pointed out that populism does not reject the very idea of a Constitution, but rather adapts and...
This article analyzes the problems raised in Spain by the transfer of power after the cessation of the government and during its term until the new gov ernment takes office. It addresses in detail its scope, limitations, mechanisms of oversight, and the differences between the different types of cessation, as well as, specifically, the process of collaboration between the...
At a global level, the right to gender equality has been implemented progres sively with regard to the inclusion of women, especially in the Defense sector, from an international context, therefore the United Nations Security Council proceeded to agenda this issue through the publication of Resolution 1325 in all States, since it includes gender equality as an integration factor...
The 1994 Reform of the Argentine Constitution, which marked its 30th an niversary in August 2024, was a milestone in the country's political history, modernizing the 1853/1860 Constitution. Notably, it was the first reform in which women participated as a significant political force. However, histori cal narratives have often overlooked their role, focusing instead on political...
This article presents the results of a socio-legal research study with a mixed-methods approach (quantitative-qualitative), conducted in 2023 with 147 participants of the diploma course Responsible and Non-Violent Masculinities, implemented by the USAID Generating Equity Program and executed by Universidad del Norte. The research did not focus on analyzing masculinities but...
This research article seeks to analyze the incorporation of international stan dards to the Colombian State in relation to human rights, with a view to a pos sible derivation of responsibility for internationally wrongful acts in relation to persons who are at risk or in a situation of statelessness. This, considering that the human rights of persons in need of international...
This paper analyses different relevant legal aspects of the events taking place in Israel and the Gaza Strip since 7 October 2023. The spiral of violence to which the civilian population of Gaza has been subjected has not been ignored by the international community, and the condemnation of Hamas's actions has been joined by calls for containment - unheeded by Israel - while the...
'Constituent power' is usually associated with the exercise of some kind of force, whether legitimate or not, or to amending an existing text through established procedures. However, setting the constitutional machinery in motion sometimes requires more than a text to be accepted by society and legal operators. This is especially true when a new constitution results from an...
Between May 1-2, 2021, the new National Assembly, under El Salvador's president, removed the justice of the Constitutional Chamber of the Supreme Court without proper procedure, citing the need to shield the public from COVID-19 pandemic rulings. The Assembly also appointed new judges without accountability. This mass removal can be seen as an authoritarian move driven by...
This research assesses the amendment introduced by Law No. 31988, which reinstates the bicameral model in Peru and amends Article 206 of the Constitution. From a dogmatic approach and an analysis of relevant jurisprudence from the Peruvian Constitutional Tribunal, this work questions whether the amendment can be considered unconstitutional, due to its impacts on the formal and...
This paper addresses the matter of constitutional amendments in Panama. First, it offers a general summary of the Panamanian constitutional design and explains the constitutional amendments in particular , which includes a brief description of the way the Constitution of Panama of 1972 regulates this type of formal constitutional change. Then, it explains the specific issue of...
Under constitutional law, the exercise of any political power involves limitations because this is a requirement of the idea of modern liberal constitutionalism. In this paper, I addressed the discussions on the limitations of the amending power in Brazil. By questioning "how unamendable the Brazilian Constitution is", I demonstrated the judicial behavior of the Brazilian Supreme...
The topic of constitutional amendments in Nicaragua has not been widely studied beyond its borders. Since its promulgation in 1987, the Nicaraguan Constitution has been amended approximately sixteen times, modifying over 95 articles. Some of these changes were minimal, while others led to revolutionary alterations that disrupted essential elements such as the form and system of...
The political constitution of any country must ensure that its text is in accordance with the reality it governs. The power of reform, as part of the constituted powers, together with the Constitutional Charter, is responsible for adapting the text to reality. However, there are implicit limits to such power, including the political principles, the fundamental rights, the...
One of the mandates granted to the Argentine National Congress in the 1994 Constitutional Reform was to ensure the participation of indigenous peoples consultations surrounding the in interests that affect them. However, nearly thirty years after the reform, the National Congress has yet to enact a law regulating the right to consultation of indigenous peoples. This article...
This article will analyze the interpretation limits and methodologies used by the Constitutional Court when reviewing constitutional reforms. In Judgment C-551 of 2003, it was established that although the 1991 Colombian Constitution does not contain any eternity clauses, the consubstantial elements of the Constitution and those elements of the constitutional block that identify...
This paper elaborates on the scope of plebiscitary presidencies as disruptive forces between democracy and constitutionalism, emphasizing the procedures for convening the constituent power. Through a comparison of Venezuela (1999) and Chile (2019-2023), this paper deepens how plebiscitary outbreaks become linkages capable of dragging down constitutional fundamentals. A...
PrologueConstitutionalism, Constituent Power and Constitutional Change in Latin AmericaSABRINA RAGONEYANIV ROZNAILatin American constitutional developments provide important material for comparative law and constitutional change. Phenomena such as abusive constitutionalism, recurring attempts of constitutional replacements and of constitution-making (like the experimental...