From the exception to the rule
In Colombia, the state of exception is a legal and political mechanism in which the head of the executive branch extends its powers temporarily under the pretext of averting a serious confrontation to the constitutional order. However, despite its exceptional nature, the reality is that within the n...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2023-04-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1457 |
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| _version_ | 1846157103010414592 |
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| author | Camilo Eduardo Umaña Hernández Daniel Rivas-Ramírez |
| author_facet | Camilo Eduardo Umaña Hernández Daniel Rivas-Ramírez |
| author_sort | Camilo Eduardo Umaña Hernández |
| collection | DOAJ |
| description | In Colombia, the state of exception is a legal and political mechanism in which the head of the executive branch extends its powers temporarily under the pretext of averting a serious confrontation to the constitutional order. However, despite its exceptional nature, the reality is that within the national legal and political culture, the use of this figure is rather normal. Thus, this article aims to assess the way in which exceptionality has become recurrent, through states of exception and other figures that allow a margin of maneuver to the extraordinary executive power and outside the radar of constitutional controls. Likewise, the text examines how the governments have taken advantage of the notion of exceptionality as a form of government, subtly prolonging the periods of exception to circumvent the constitutional controls imposed on them. To this end, the article focuses in particular on what has recently happened with the health emergency caused by COVID-19 in the country. For this purpose, historical, contextual and comparative analysis tools were used.
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| format | Article |
| id | doaj-art-70c232683bdc4f08a16257b1566a618c |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2023-04-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-70c232683bdc4f08a16257b1566a618c2024-11-25T14:36:35ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712023-04-0113210.35295/osls.iisl/0000-0000-0000-13432480From the exception to the ruleCamilo Eduardo Umaña Hernández0Daniel Rivas-Ramírez1Departamento de Derecho Constitucional de la Universidad Externado de ColombiaFacultad de Derecho de la Universidad Externado de Colombia / Centro de Investigación y Docencia Económicas (México)In Colombia, the state of exception is a legal and political mechanism in which the head of the executive branch extends its powers temporarily under the pretext of averting a serious confrontation to the constitutional order. However, despite its exceptional nature, the reality is that within the national legal and political culture, the use of this figure is rather normal. Thus, this article aims to assess the way in which exceptionality has become recurrent, through states of exception and other figures that allow a margin of maneuver to the extraordinary executive power and outside the radar of constitutional controls. Likewise, the text examines how the governments have taken advantage of the notion of exceptionality as a form of government, subtly prolonging the periods of exception to circumvent the constitutional controls imposed on them. To this end, the article focuses in particular on what has recently happened with the health emergency caused by COVID-19 in the country. For this purpose, historical, contextual and comparative analysis tools were used. https://opo.iisj.net/index.php/osls/article/view/1457ColombiaCOVID-19state of exceptionstate of emergencyhealth emergencyhyperpresidentialism |
| spellingShingle | Camilo Eduardo Umaña Hernández Daniel Rivas-Ramírez From the exception to the rule Oñati Socio-Legal Series Colombia COVID-19 state of exception state of emergency health emergency hyperpresidentialism |
| title | From the exception to the rule |
| title_full | From the exception to the rule |
| title_fullStr | From the exception to the rule |
| title_full_unstemmed | From the exception to the rule |
| title_short | From the exception to the rule |
| title_sort | from the exception to the rule |
| topic | Colombia COVID-19 state of exception state of emergency health emergency hyperpresidentialism |
| url | https://opo.iisj.net/index.php/osls/article/view/1457 |
| work_keys_str_mv | AT camiloeduardoumanahernandez fromtheexceptiontotherule AT danielrivasramirez fromtheexceptiontotherule |