La ética pública como criterio de confianza legítima de las decisiones judiciales de la Corte Constitucional Colombiana

In this article, an analysis is made of the category of legitimate trust in relation to the judicial decisions of the Colombian Constitutional Court. For this purpose, an extensive interpretation of this figure, which was born as an expectation in the face of legislative developments after the Secon...

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Bibliographic Details
Main Authors: Rodríguez Serpa, Ferney, Navarro Beltran, Jorge Armando, De la Torre Soto, Giselle Lorena, Andrade, Lédio Rosa, Torres Hernández, Omar
Format: Article
Language:Spanish
Published: 2023
Subjects:
Confianza legítima
ética pública
decisiones judiciales
corte constitucional
Legitimate trust
public ethics
judicial decisions
constitutional court
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8908248
Source:Jurídicas CUC, ISSN 2389-7716, Vol. 19, Nº. 1, 2023 (Ejemplar dedicado a: Jurídicas CUC 2023; 163–196), pags. 231-258
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La ética pública como criterio de confianza legítima de las decisiones judiciales de la Corte Constitucional Colombiana
Summary: In this article, an analysis is made of the category of legitimate trust in relation to the judicial decisions of the Colombian Constitutional Court. For this purpose, an extensive interpretation of this figure, which was born as an expectation in the face of legislative developments after the Second World War, and evolved as an expectation of citizens in relation to public administration in general, was made. However, without stopping in the case of the legislator and the public administration, which share the classic assumptions of legitimate trust such as the principles of legal certainty and good faith, a new criterion of analysis was included for the purposes of this study, such as public ethics to indicate how -this- constitutes an unavoidable criterion of legitimate trust -which has always been without visibility-, and must be in all judicial decisions, and much more when it comes to high courts, or closing bodies of the legal-political system, such as the constitutional courts that resolve the conflicts of greater social impact. For this research, a paradigmatic hermeneutic approach was applied in harmony with a qualitative approach based on a rigorous technique of text analysis. As a result of this work, the scope of this figure and its impact on the jurisprudence of the Colombian Constitutional Court is evidenced.

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