La The Adsent Seat: Legal Application And Its Consequence

Abstract

The article analyzes the application of the Absent Seat by temporary or absolute foul, that it doesnot give rise to replacement in the bodies of popular election in Colombia and its respective legalconsequence, following the substantial guidelines of article 134 of the Political Constitution,modified by article 4 of legislative act 02 of 2015. The research is of hermeneutic analyticaland historical descriptive type; with a methodological approach of a critical social and positivisttype, based on the rules of interpretation of the exponent Herbert L. A. Hart, using investigativeinstruments such as constitutional norms, law, jurisprudence, international conventions andtreaties to respond to the thesis: What is the juridical consequence in the application of thefigure of the absent seat in those cases of temporary or absolute foul in the collegiate bodiesof popular election in Colombia?; dilemma concentrated in the Article 134 idem in front of theArticle 23 of the American Convention on Human Rights, brought by the Constitutionality Blockof Article 93 of the Political Charter; two current legal rules of application in the legal systemand when the absent seat is applied, highlights an infringement of the civil rights of popularfree representation, affecting the collegiate decisions to be reduced to such an extent that theycan injure the deliberative and decisive quorum in the corporation Collegiate of popular choice.Concluding the elimination of the absent seat figure because of being contrary to article 23 ofthe aforementioned Convention, harmonizing the Internal Law with the International Provisio