Keywords
Posmodernity
Government
Court
Constitutional
Competence
Control
Jurisprudence
Countries
International Treaties
How to Cite
Abstract
The study, “The Politic Acts”, is the government proposal to limit the Court competence to exert the Constitutional control. It involves a serious and documented investigation of the Politic Acts origin since 1815, which was a creation of the French State Council, that accepted the immunity of the “Government acts” due to the Borbons pressure who considered the legitimate of all their decisions, in contrast of the legality principle invoked by the French Revolution heirs in 1789.
The investigation work includes an analysis of the French Jurisprudence in other countries like Spain, Venezuela and Colombia.
The “Colombian Contentious Administrative Code (CCAC)” in its 82 article (second item), allows the “contentious administrative jurisdiction” competence, to judge the controversies originated in the politic or government acts.
Throughout the “November 15 of 1984” sentence, the “Supreme Court of Justice” has made a pronouncement of the inattainability of the word “Form” contained in the 82 article (second item) of the CCAC, and consequently has allowed the ability to know about the Politic Acts due to matter reasons.
To impel the jurisdictional immunity of the politic or government acts, would be as enthrone in the posmodernity the State reasons to forget the submission conquests of all administration manifestations to the Constitution and the Law.
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