Approximation to the discussion about public politics and constitutional justice: speaking of state of things against constitutionality

Abstract

Without hesitation it can be argued that our country is, in Latin American juridical realm, one in which greater influence have had different legal theories and judicial doctrines that emerged, basically, in Europe since 1970 when fascism and the dictatorships collapsed. In such contexts, like Germany, Italy, Spain, and Portugal, their constitutions were radically transformed through the inclusion of fundamental and social rights, in addition to liberal and defense rights. This transformation required almost immediately a new juridical science as well as renewed both judicial doctrines and theoretical approaches to law, with which to respond solid and systematically before the gradual process of constitutional provisions enforced by judges. The richness of Colombian constitutionalism is noticeable not only because of the reception of transnational juridical theories and judicial doctrines, but also by those doctrines created to respond to the unjust and unequal social context in which must be applied those provisions. One of the main, if not the most, is the “state of things against constitutionality”. Besides of analyzed it by means of doctrine, it will be exemplified from the most complex case, namely, internally displaced persons due to rural violence.