The plebiscite for peace in Colombia and the role of the Constitutional Court

Authors

  • Carlos Bernal Universidad de Dayton (Ohio)

DOI:

https://doi.org/10.18042/cepc/redc.124.10

Abstract

On 2 October 2016, in the so-called “Plebiscite for Peace”, the majority of the voters rejected the peace agreement that the Colombian Government had negotiated with the Revolutionary Armed Forces of Colombia. Despite that outcome, the Colombian Government implemented the Peace Agreement. In this way, it also activated the competence of the Constitutional Court to review the constitutionality of the implementation norms. This article aims to answer two questions arising from that scenario. First, can plebiscites —or referenda— confer legitimacy to the implementation of peace agreements? Second, empowering a Constitutional Court to review the constitutionality of the implementation of a peace agreement can confer legitimacy to a transitional justice process?

Published

2022-04-29

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES