El régimen fiscal en la Constitución de 1991

The xii article of the Political Constitution of 1991 contains the rules which delimit the legal framework in which the exercise of the economical activity must be oriented for both the public and private actors. One of the projections of the economical Constitution is the set of norms that establis...

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Bibliographic Details
Main Author: Piza, Julio Roberto
Format: Article
Language:Spanish
Published: Universidad Externado de Colombia 2008
Subjects:
Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=3399842
Source:Revista Derecho del Estado, ISSN 0122-9893, Nº. 21, 2008, pags. 51-80
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Summary: The xii article of the Political Constitution of 1991 contains the rules which delimit the legal framework in which the exercise of the economical activity must be oriented for both the public and private actors. One of the projections of the economical Constitution is the set of norms that establish the guidelines under which the financial activity must be exercised �fiscal Constitution�, and within the latter, rules can be found which regulate the fiscal power of the nation and of the territorial organizations, in the field of public income and public expense. The object of study of this research is to look into the fiscal regime of the Constitution, whose analysis will be approached in three paragraphs: the first contains the tributary power and the constitutional limits to its exercise; this subject is analyzed by the constitutional jurisprudence, since the Constitution has established the constitutional tax principles and a more precise notion of the legal reserve concept in tributary matters. The second one is focused on the study of the scope of the fiscal autonomy of the territorial organizations beginning with the exam of their financial sources and in the third paragraph there is an analysis related to the public expense and its legal regulation.