Construction of a constitutional dogmatic for the parliamentary process: The Colombian case

Abstract

This article reconstructs the main precedents of Colombian Constitutional Court respect to the control towards parliamentary procedure and analyzes it in the light of unconstitutionality defect in which it is incurred when a project suffers from deliberative avoidance. These precedents have become a solid criterion of constitutionality that might serve as a reference about the type, foundation and manner of exercise of constitutional control in the region. From constitutional principles, rules, horizontal precedent and constitutional doctrine, the Court has built a constitutional dogmatic of parliamentary procedure that has been structured from the ideal of deliberative democracy in the dimension of his epistemic justification.