This research work studies the legal tension produced from the variation in the position of the Constitutional Court regarding the binding force of the decisions adopted within the framework of the citizen participation mechanism of the popular consultation, for this, is taken as case studies, the municipalities of Piedras and Cajamarca, Tolima, who in 2014 and 2017 respectively held a popular consultation, prohibiting mining activity in their territories.In this sense, the issuance of the 1991 Political Constitution of Colombia is taken as a turning point, since it is there that citizen participation as a political exercise and control of power is elevated to the category of principle and fundamental right (articles 40, 103), within the framework of a Democratic model of the Social State of Law.For this purpose, it has been necessary to refer, at least in the beginning, to the review of some of the essential theoretical elements in the construction of our model of the Rule of Law, v.gr. (Sovereignty legitimacy participation, representation and pluralism), in order to identify the jurisprudential treatment that has been given to the scope of the decisions adopted in the framework of popular consultation in cases of mining activity in Colombia.Finally a series of conclusions built through the analysis models proposed by the legal battlefield and the distance between the creation and application of the norm are presented, which account for the political and social instability generated due to the continuous transformation of the pronouncements of the public administration (local, national) which is clearly a contradiction to the principles of sovereignty and predictability that undermines the legitimacy of the State.
