Habeas corpus and the protection of personal liberty
DOI:
https://doi.org/10.17533/udea.esde.2381Keywords:
habeas corpus, protection of liberty, acción de tutelaAbstract
A reading of the Constitution in which gets represented, sufficiently, the protective effect that hold the institutions of habeas corpus and the “acción de tutela”***, enables to understand them as the means par excellence through which citizens and the State realized the vital role of State Constitutional of Law: the immediate protection of liberty. Ultimately, as all practical purposes, the substantial, teleological and even formal affinity of these means, brings the possibility that they could be designed as a continuous and consistent rights regarding the protection of personal liberty. As it does not seem reasonable to understand them as mutually exclusive, forms and rituals of these two instruments should not result in a burden for the citizen because that way the institutions lost their essence and function.
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