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The Constitutional Court and Control of Presidential Extraordinary Powers in Colombia

The paper analyzes the attempts of Colombian Constitutional Court to control the abuse of presidential emergency powers in the last decade. After describing the dilemmas that governmental emergency powers pose to constitutional regimes and explaining some particularities of Colombian (a democracy under permanent emergency), the article focuses on the efforts of the Constitutional Court to exercise a “material” control of the declaration of a state of emergency by the President. According to this legal doctrine, it is the duty of the Court to analyze if the facts invoked by the government constitute a crisis severe enough to justify the use of emergency powers. The article shows that the Court has exercised this material control in a quite strict way and has nullified several declarations of a state of emergency by different presidents. The article tries then to analyze how this form of judicial review has been possible in a country like Colombia, with a precarious democracy and a cruel armed conflict. The article describes also the impact of this form of judicial control in Colombian politics and offer some more general conclusions based on Colombian experience

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What time is it? The re-election of Bush and the future of the United States-Colombia Free Trade Agreement

The re-election of George W. Bush will bring important consequences for American foreign policy on Latin America. César Rodríguez analyzes the effect of the election results on the Colombian Plan and on the negotiations of the United States-Colombia Free Trade Agreement between the United States and Andean countries.

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