Alcance y aplicación del concepto de gasto público social en el ordenamiento jurídico colombiano
This article is the result of a research project completed by the author in 2012. It focuses on the degree of uncertainty of the concept of public social spending, through the analysis of the evolution of legislation, jurisprudence and doctrine, including an exhaustive review of comparative law and...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2013
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5572580 |
| Source: | DIXI, ISSN 0124-7255, Nº. 17, 2013, pags. 43-54 |
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| Summary: |
This article is the result of a research project completed by the author in 2012. It focuses on
the degree of uncertainty of the concept of public social spending, through the analysis of the
evolution of legislation, jurisprudence and doctrine, including an exhaustive review of comparative
law and observing the implementation of public social spending in the Department
of Santander. The methodology described by professor Diego López in the book “The Right
of Judges” is used to make the jurisprudential analysis, presenting the following question: Is
there a definition of public social spending in the jurisprudence of the Constitutional Court
that can clarify the uncertainty of the concept expressed in the Letter? Is there a definition
of public social spending in the jurisprudence of the Constitutional Court that can broaden
the concept expressed in the Letter and clarify the uncertainty generated through the art. 41
of the eop? It is concluded that in the national context, the concept is uncertain, unknowing
the intension of the first constituent and, in the local context, the existence of a considerable
margin of discretionality from the administration regarding its application was observed. |
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