The justiciability of the social and economical rights of the 1991 colombian Constitution
DOI:
https://doi.org/10.17533/udea.esde.332213Keywords:
unipunctual theory, social right, economic right, formal criteria, structural criteria, material criteria, justiciability, diffuse justiciability, concentrated justiciability, French Revolution, Social State of Law, neoliberalism, norms adscriptionAbstract
The article shows a specific current Colombian constitutional law problem: ¿it is possible the construction of a theory that defends the justiciability of social and economics rights of the 1991 Politic Constitution? From there it formulates the elemental and basic problems about the theme and they have two different sides: (i) A dogmatic one: ¿Which are the social and economics rights ofthe Politic Constitution? ¿What is the justiciability of a right? and (ii) A historie one: ¿Which is the political, cultural and economic scenario where this theory plays?, ¿what elements bring facts such as French Revolution or the beginning of the European Social State of Law, in the construction ofthat scenario? Finally, it develops two ideas that may be the starting point for the construction of a theory that defends the justiciability ofthe social and economics rights ofthe 1991 Politic Constitution.
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