The Protection of the Fundamental Rights by Constitutional Justice. Techniques of Constitutionality Control and Critical Ponderation

The objective of our investigation is to call for attention on what’s behind the control techniques for constitutionality which are utilized by the guardians of the constitution or the constitutional courts and its ideological and juridical load.Behind are the different world Cosmo-visions, as well...

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Autor Principal: Araujo Rentería, Jaime
Formato: info:eu-repo/semantics/article
Idioma: spa
Publicado: Universidad Santo Tomás, Bogotá-Colombia 2016
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Acceso en línea: http://revistas.usta.edu.co/index.php/iusta/article/view/3050
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Sumario: The objective of our investigation is to call for attention on what’s behind the control techniques for constitutionality which are utilized by the guardians of the constitution or the constitutional courts and its ideological and juridical load.Behind are the different world Cosmo-visions, as well as different starting points in the theory of knowledge, opposite positions in the theory of law and contrary premises of the theory of juridical interpretation and different ways to conceive the constitutional interpretation.In the same way, it is pretended to call attention on the unfixable philosophical-juridical starting points that are behind the interpretation that constitutional tributes make and that reflect the eternal dispute between Iuspositivism and Iusnaturalism. Methodologically, to demonstrate this assertion there’s going to be following to Ius philosophers that may serve as paradigm in the proposition of the problem.