La evaluación política y judicial de la necesidad pública en Colombia. Exploración del juicio público de necesidad construido durante los siglos XX y XXI

This article analyzes the criterion of necessity employed by the Colombian constitutional judge from the first half of the 20th century until the judicial review of the initial norms that sought to implement the peace agreement of Havana (Cuba), celebrated between the Colombian government and the FARC-EP guerrilla in 2016.The stringent standard of the strict necessity scrutiny used to evaluate the constitutionality of those measures is retrospectively analyzed by studying the appreciation of public need as an almost exclusive decision of the President of the Republic initially, which over time had to start being shared with the judgment of the constitutional judge.