Tensions in the concept of constitution due to the colombian"s peace process. DOI: 10.5935/2448-0517.20170013

Résumé

This paper analyses the effect of the different perspectives in the Colombian constitutionalism about the Peace Process Final Agreement, reached between the government and the Farc guerrilla to end the armed conflict. Particularly, the enactment of the Special Legislative Peace Process (SLPP), a fast-track procedure developed to implement the new normative framework based on the peace agreement, is studied. We argue that this normative piece, in practice, acts as a device that embodies the role that diverse actors have given to the concept of the Constitution. Despite, of the arguments elaborated to justify the enactment of the constitutional amend that incorporated the SLPP to the Colombian Constitution, this essay show that there is still a deep disagreement about the meaning of the Constitution in opposing sectors of the Colombian society, in which some sectors perceive the Constitution as a rigid limit, whereas others see it as breakable wall.