La Constitucionalización del Derecho y La Interpretación Jurídico Constitucional
This document is an academic reflection towards the theme of constitutionalization of law and the impact of this phenomenon in the process of statutory interpretation, legal certainty and discretional power of judges in light of the main ideas of constitutional doctrine European and Colombian. The c...
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Format: | Article |
Language: | Spanish |
Published: |
Universidad Santo Tomás (USTA)
2011
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Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3698555 |
Source: | Via Inveniendi et Iudicandi, ISSN 1909-0528, Nº. 12, 2011 |
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Summary: |
This document is an academic reflection towards the theme of constitutionalization
of law and the impact of this phenomenon in the process of statutory interpretation, legal
certainty and discretional power of judges in light of the main ideas of constitutional doctrine
European and Colombian. The constitutional jurisprudence is built from the exercise or practice
of law, must look what the legal basis of observation and deduction of the general concepts of
law, and the exercise is directed epistemological knowledge generating experiences. It seeks to
advance a tour of the basic features of neoconstitutionalism, his criticisms for and against and
to contrast it from the legal point of view with the new constitutional exercise or practice in
Colombia, in response to the demands of the progressive evolution of legal thinking. |
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