Keywords
Human Rights
Constitutional Theory
How to Cite
Abstract
The Colombian constitutional law has undergone a fundamental turnaround in the past 17 years. The introduction of the neoconstitucionalismo model in Latin America, coupled with the militancy of the Constitutional Court by a change in the legal culture, have made constitutional law exceeds by far the scope of the text of the Charter. The new form of constitutional law is structured across concepts that are derived from the judges and constitutional interpretations of human rights carried out by international bodies. The theoretical foundation of this transformation, is the amount of abandoning the ius positivism, the introduction of legal models based on the weighting of principles and no longer in ius imperium of law, but fundamentally, the growing prevalence of human rights, as an overturning of legal positivism towards a Latin American legal humanism.
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