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Political Constitution of Colombia (1991)

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Political Constitution of Colombia (1991). Official Spanish from SUIN-Juriscol. English from Constitute Project / Max Planck, cutoff 2015 — not a gazette.

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Official sourceConstitución Política de Colombia (1991)

Art. 241

Art. 241

The safeguarding of the integrity and supremacy of the Constitution is entrusted to the Constitutional Court in the strict and precise terms of this article. For such a purpose, it shall fulfill the following functions:

Decide on the petitions of unconstitutionality brought by citizens against measures amending the Constitution, no matter what their origin, exclusively for errors of procedure in their formation.

Decide, prior to a popular expression of opinion, on the constitutionality of the call for a referendum or a constituent assembly to amend the Constitution, exclusively for errors of procedure in their formation.

Decide on the constitutionality of referendums about laws and popular consultations and plebiscites of a national scope, in case of these last ones exclusively for errors of procedure in their convocation and implementation.

Decide on the petitions of unconstitutionality brought by citizens against statutes, both for their substantive content as well as for errors of procedure in their formation.

Decide on the petitions of unconstitutionality brought by citizens against decrees with the force of law issued by the government on the basis of Article 150, numeral 10, and Article 341 of the Constitution for their substantive content as well as for errors of procedure in their formation.

Decide on the exceptions provided for in Article 137 of the Constitution.

Decide definitively on the constitutionality of the legislative decrees issued by the government on the basis of Articles 212, 213, and 215 of the Constitution.

Decide definitively on the constitutionality of the bills opposed by the government as unconstitutional and of proposed statutory bills, both on account of their substantive content as well as for errors of procedure in their formation.

Revise, in the form determined by statute, the judicial decisions connected with the protection of constitutional rights.

To take a final decision on the execution of international treaties and the statutes approving them. To this end, the government shall submit them to the Court within six days following the adoption of the ratifying statute. Any citizen may intervene to defend or challenge their constitutionality. Should the Court declare them constitutional, the government may proceed to the exchange of notes; in the contrary case they shall not be ratified. When one or several provisions of a multilateral treaty are declared unenforceable by the Constitutional Court, the President of the Republic may declare consent, formulating the pertinent reservation.

Resolve the conflicts and competences that occur between the different jurisdictions.

Enact its own regulations.

When the Court finds an amendable error in the procedures of formation subject to its control, it shall order their return to the authority which issued them so that, if possible, that authority should correct the observed flaw. Once the error is corrected, it shall proceed to decide on the validity of the measure.

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For reference only. Colombian law changes; confirm the current official text before acting.