Colombian Constitutional Court’s ancillary powers: an approach to its decisions regarding refusal to attend congress’ hearings

Abstract

Abstract: This article is focused on the ill studied topic of the Colombian Constitutional Court’s ancillary powers, and especially on its decisions regarding a person’s refusal to attend hearings related to Congress’ control functions. Thus, the text begins with the origins of this power discussed at the constituent assembly, then analyzing it in Comparative Constitutional Law. Also taking into account both theoretical and practical elements — such as doctrine, norms and case law—, it does propose two hypotheses concerning its character and effects, concluding that entails an exercise of judicial power with res iudicata force and that it comprises a especial type of judicial review

Keywords

• derecho constitucional comparado
• control político
• control constitucional
• poderes secundarios o adjuntos
• comparative constitutional law
• political control
• judicial review
• ancillary powers.