LA NATURALEZA JURíDICA DE LA ACCIóN DE INAPLICABILIDAD EN LA JURISPRUDENCIA DEL TRIBUNAL CONSTITUCIONAL: UN DESAFíO PENDIENTE

in this work, after revising the origins and characteristics of the jurisdictional reform of the year 2005, in particular, the new features of the writ of non-applicability, we analyze some problems of constitutional design related to the link between the latter and the writ of unconstitutionality. once that task is completed, we analyze a group of paradigmatic decisions by the constitutional court that suggest that this organ has still much work to do in order to develop a refined understanding of the juridical nature of the writ of non-applicability and its differences with the writ of unconstitutionality. this represents an urgent matter, not just because the coherent articulation of the constitutional text is one the most basic roles of constitutional adjudication, but also due to the centrality that the writ of non-applicability has acquired in the constitutional court's adjudicative work.