Constitutional Court and “Tutela” Legal Action in Colombia

The historical background of the control of constitutionality in Colombia, the 1991 Political Constitution and the proximity of individuals and judges through the tutela action, gave life to a well-defined constitutional jurisdiction, with virtues and defects, which endanger the stability of decisions and the security of res judicata. This panorama, whose protagonist is the Constitutional Court, with its tutela rulings on the fundamental right[1] to due process, together with the effects of its decisions, constitute the real key to deciphering the real autonomy and independence of the other High Courts, or, in other words, their practical subordination to the constitutional court, with a full nomophilactic duty. [1] Translator’s note. Modern theory, mainly of German origin, has opted for the term ‘fundamental rights’ when it comes to codify human rights, i.e., enshrined as positive law by the Constitution. In Colombia, a “fundamental right” may then be considered something alike a right stemming from the United States “Bill of Rights”, for there is, explicitly, a Chapter labelled “On Fundamental Rights” in the Constitution and is commonly referred to as the “catalogue of fundamental rights”.