The Problem of the Limits to Reform Power of the Politics Constitution of 1991

Abstract

This article analyzes the problem of the limits to reform’ power in the Politics Constitution of 1991. After reviewing the main theoretical references of the discussion, from disciplines such as political philosophy, constitutional theory and general theory of law, establishing the points of discussion among essentialists and substancialists postures, it explores the case-law of Colombian Constitutional Court, from C-551 judgment of 2003, which introduces the concept of competencies limits, in order to maintain the distinction between constituent and reform power, in that sense, making the difference between transforming, subverting or to abolish the Constitution, and reform it. The arguments outlined by the Constitutional Court are critized, whenever is intended to solve a logic problem of the constitutional system, from a positivist interpretation of the Constitution