Civilizar (Dec 2008)
An approach to the legal structural problems of the Constitution
Abstract
The analysis of the Colombian Constitution as a source of law can be made after consideration of four legal structural problems: norms, epistemology, logics, and hermeneutics. These problems may be stated as follows: Is the Constitution a source of applicable law? Does the Constitution have a determined or determinable content? Is the Constitution the prevalent norm in the legal system?, and, how is the Constitution interpreted and what is the value of this interpretation as a source? To study them, phenomena such as the crisis in Law, the constitutionality block, the fundamental rights, the human rights, preceding laws and jurisprudential lines must be taken into account. All of these have been duly addressed by the Constitutional Court’s jurisprudence. The goal of this essay is to perform an intellectual, truthful and scientifically verifiable approach to the existence, coexistence, implications and solution hypotheses to the aforementioned problems, from the jurisprudence of the Constitutional Court.
