¿Puede la Acción Popular como Mecanismo Constitucional De Protección de Derechos Colectivos anular actos administrativos?
Arias Acevedo, Claudia Patricia
Montoya Montoya, María Alejandra
Pareja Bermúdez, Daniela
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With expedition of law 472 of 1998 the popular action was established like legal mechanism for collective rights protection, but incoherence in redaction of some parts of law is without doubts an endless font of legal debates, among these legal debates in jurisprudence of state have risen two thesis oriented to show the possibility or not for annulling administrative acts in dealing with a popular action, one is RESTRICTIVE THESIS which impede annulling of and administrative act through popular action, which argued that annulling an administrative act exists ordinary actions designed by legislator, the second, GARANTISTA THESIS, which let that in the measure of an administrative act injure or put in risk a collective right, popular action can be used as a suitable mechanism for annulling mentioned act, this marked in judicial function that popular action have, whose deal the judge act as a constitutional judge. Through this project intending to compare in great detail of judicial restrictive thesis and its antithesis the wide/garantista thesis, subsequently showing that administrative judge is competent to annulling a general or particular administrative act in dealing with a popular action for protection of collective rights, and violation of a collective right is by itself a cause for nullity of administrative acts, this compared with social right state and challenges imposed by 1991 political constitution as law of laws, and this way give answer to question presented as pillar of this project Which is the counsel of state position about annulment of an administrative act in the procedure of a popular action that seeks protection of a collective right?