The special urban regulatory hierarchy as a reference of urban planning public policy in Colombia
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Abstract
Based on the research question 'what is Medellín’s urban planning
public policy?', the article presents the special urban regulatory
hierarchy as part of the reference that has given and keeps giving
rise to the mentioned public policy. For this purpose, first, the public
policy figure that contains the definitions of the policy reference
and decisional flow categories is outlined. These categories are
the proposals in Pierre Muller’s analysis model and the basis
for legitimizing the public nature of a policy and differentiating
it from the State or government policy. Furthermore, the article
addresses the components that form the special urban regulatory
hierarchy, beginning with the ones developed by the Constitutional
Court in its jurisprudence. Then, it addresses the ones proposed
by the doctrine, whose scheme is considered to be modified
based on the derogation of article 7, Act 388, 1997, which is the
current composition of the urban administrative function from
the dispersion of territorial competences conferred by law, and
the anachronistic role of the metropolitan areas in the urban field.