Wednesday, September 7, 2016

Cajas-Sarria on a Columbian Gebneral's Constitutional Justice

Mario Alberto Cajas-Sarria, Icesi University Law School, Cali, Colombia, has published The Constitutional Justice of General Gustavo Rojas Pinilla: Between the Constitutional Tribunal and the Constitutional Affairs Chamber, Colombia, 1953-1957, in the Revista de Historia Constitucional:
This paper deals with the reforms and attempts to reform the constitutional justice by General Gustavo Rojas Pinilla, who ruled Colombia between 1953 and 1957. In particular, it discusses the proposals of the military rule that sought to change the judicial review of legislation exercised by the Supreme Court since 1910. First, it discusses the project of creating a Tribunal de Garantías Constitucionales (Constitutional Tribunal) amid of the confrontation between the Executive branch and the Supreme Court in November, 1953, a Tribunal partly inspired by the Tribunal de Garantías Constitucionales of the Constitution of Spain of 1931. Then, it tells the story of the creation of the Constitutional Chamber in the Supreme Court in 1956. While Rojas justified the overall changes on the grounds of "technify" the judicial review in Colombia, this article reveals that both reform initiatives come amid political tensions between the Court and a military rule whose real purpose was to take control of the Judiciary and to limit his constitutional judge.
Update: Now also an SSRN paper.