La Corte Suprema de Justicia de Colombia, 1886-1910: de juez de la regeneración a juez constitucional

Abstract

The first part of the article reframes the debate about the origins of the judicial in Colombia, taking into account the constitutions that established notions about defending the Constitution, the contexts in which these arose, and the institutional design and implications for the exercise of judicial of the Constitution. The second section tells the history of the Supreme Court of Colombia since the National Constitution of 1886 to the amendment of 1910. It explores the political context in which the Court was established to be the guardian of the political-legal regime of the conservative Regeneracion, and the experience of the Court in different moments of a trajectory where she started being a Court d´ Cassation to become a Court. This narrative shows the weakness of evolutionist approaches that assume the creation of the actio popularis (accion de inconstitucionalidad) as an unavoidable continuation and development of a supposed constitutional judicial review established since 1886, and even of those who claim that such a judicial had started many time ago. Fecha envio / Submission date:22/03/ 2013 Fecha de aceptacion / Acceptance date:23/04/2013