La Corte Constitucional y el Consejo de Estado frente al control de convencionalidad en el contexto de terminación del conflicto armado en Colombia

Abstract

This article of reflection is the product of a research process, whose purpose is to study the position of the Constitutional Court and the Council of State against the exercise of conventionality control in the context of the termination of the armed conflict in Colombia. The following two major categories are proposed: i) The generalities of conventionality control as an international state obligation; ii) The specific position of the High Courts in relation to the conception and exercise of control. The results obtained are due to the application of a qualitative methodological framework with a content analysis technique, concluding that there is a divergent character between the conception of the Inter-American mechanism that the Constitutional Court has and the one that the Council of State has, at a general level, which will undoubtedly have an impact on the post-conflict scenario that is currently occurring in Colombia.