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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Bibliographic Details
Main Author: Cortés Zambrano, Sonia Patricia
Format: Article
Language:Spanish
Published: Universidad Santo Tomás (USTA) 2011
Subjects:
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.