The limits of the theory of balance as alternative solution to the issue of prevalence of power of the High Constitutional Court in Colombia

Abstract

This article addresses the issue as to whether the theory of balance of power, is an epistemological support real and effective contribution to overcoming the problems raised by the high prevalence of the power of the constitutional court in Colombia manner. Through the analysis of some failures shows that in Colombia, the last word on matters of concern to the national life is pronounced by the constitutional court, which has taken as its own, powers by constitutional or legal mandate, are the other branches of government. To solve the involvement of political order that generates this, we appeal to the theory of balance of power; however, in practice, limited evidence theory, the analysis of the text deals. Instead, it is proposed to speak of harmony, in which the differences are coupled and concur towards a common purpose.

Keywords

• justicia constitucional, estado jurisdiccional, armonía del poder, equilibrio de poder