Tendencia actual de amparo en materia de derechos económicos, sociales y culturales en la jurisprudencia de la Corte Constitucional
The following article offers a study of the development of jurisprudence in matters of economic, social and cultural Rights through the Colombian Constitutional Court. This commentary provides a brief review of the position initially taken by the Court, by which these Rights could not be considered...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2010
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3335675 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 24, 2010, pags. 81-103 |
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| Summary: |
The following article offers a study of the development of jurisprudence
in matters of economic, social and cultural Rights through the Colombian
Constitutional Court. This commentary provides a brief review of the position
initially taken by the Court, by which these Rights could not be considered
as authentic fundamental Rights. As the foundation of this argument the
Court sustained that these Rights could only be considered as programmatic
mandates, the definition of which corresponded exclusively to the Congress.
Presented below are the objections that, within the same jurisprudence, have
been formulated against this position, which have led the Court to reconsider
its position in a small minority of cases. In this way, it is affirmed that the
incursion of International Human Rights Law in constitutional jurisprudence
has had a decisive influence on the modification of the same, and that it has
been the treaties undersigned by the Colombian State in this subject that have
led the Court to not only include these Rights within the range of fundamental
Rights, but also to formulate an incipient dogma for its judicial protection. |
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