Constitutional Review and the Constitutional Block in Colombia

Abstract

This article examines the design and functioning of constitutional review and the “block of constitutionality” in Colombia, emphasizing their role in safeguarding constitutional supremacy and protecting fundamental rights. It begins by reconstructing the historical and theoretical foundations of constitutional review, drawing on diffuse and centralized models as well as the origins of the mixed system established by the 1991 Constitution. The article then analyzes the main modalities of constitutional review in the Colombian legal order (centralized, diffuse, ex ante, ex post, abstract and concrete) and how they operate in constitutional case law. In a second step, it explores the emergence and evolution of the concept of the block of constitutionality, first articulated by the Constitutional Court in decisions such as Judgment C 225 of 1995 and further developed in subsequent rulings on human rights, international humanitarian law, participatory democracy and transitional justice. Finally, it presents landmark examples of the application of constitutional review and the block of constitutionality, highlighting their strengths and tensions, and discusses current challenges related to the scope of the block, the balance between judicial review and democracy, and the incorporation of new fields such as environmental law.