Limits and controls to the power of amendment to the constitution, from the perspective of constitutional case law in Guatemala and Colombia

Abstract

The present work, in general, addresses a current and relevant issue within any constitutional State of law; since it deals with the amendment to the Constitution, based on the existence of a derivative constituent Power with powers to do so, which arises from one originative which, at the same time, creates various constituted powers. Among these, traditionally, the executive, the legislative and the judiciary, independently of autonomous constitutional bodies or further power such as, among others, the constitutional courts, as the guardians of such Constitution. Attempting to address what is relative to the limits and controls possessed by this reformation power, of whatever kind, but from the perspective of constitutional case law; doing it, specifically, in accordance as has been approached by the respective Constitutional Courts of Guatemala and Colombia; and, with it, becoming a kind of tertium comparationis between the previously mentioned.