Constitution as provision and the spread of the constitution part one
DOI:
https://doi.org/10.17533/udea.esde.2399Keywords:
constitutionalism, legal theory, constitutional case-law, judicial development of lawAbstract
This essay attempts to contribute with the national discussion concerning the neo-constitutionalism in Colombia. In order to achieve this task, it has been divided in two parts: in the first one is adopted the theoretical suggestion of Miguel Carbonell, a well-known Constitutional Law Professor who has argued that it’s possible to determine the level in which a singular legal order is settled by the phenomenology of that way to envisage the rebirth of the law in general, given three features. Namely, in a nutshell, a new Political Constitution, the renewed case law practices and law literature developments. From this appealing structure of analysis, our main juridical institutions and provisions are develop to sustain that the neo-constitutionalism postulates, allow to describe and –more importantly– to demonstrate the usefulness of the constitutionalization of legal order.
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