Disapplication of the Environmental Law : an Analysis from the Economic Development in Colombia

Within the Colombian legal system is undeniable the normative advance registered in recent years related to the environmental field, The above is not only related to provisions of substantial law but also litigation, as a way to accomplish the first. The previous situation has a concordance with the...

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Autor Principal: Orjuela-Galindo, Rosario del Pilar
Formato: info:eu-repo/semantics/article
Idioma: spa
Publicado: Universidad Santo Tomas de Aquino Seccional Tunja 2016
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Acceso en línea: http://revistas.ustatunja.edu.co/index.php/iaveritatem/article/view/1206
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Sumario: Within the Colombian legal system is undeniable the normative advance registered in recent years related to the environmental field, The above is not only related to provisions of substantial law but also litigation, as a way to accomplish the first. The previous situation has a concordance with the concept of the Social State of Rights consecrated in our political letter, where the person and the warranty of their rights and interests took preponderance. Nevertheless, despite of the favorable image that turns out to be the legislative development in the matter, it presents problems as for its effectivity. The risk arises in the economic stage in which it unrolls the Social State of Right. Also one will proceed to raise possible solutions to the tension between the economic development versus the environmental sustainable analyzing the positions found between the Constitutional Court and National Government in relation to the topic objected of this analysis.