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Browsing by Author "González Noriega, Olga"

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  • The constitutional court as agent of the colombian legal field: the legislative omission of constitutional principles

    Institución: Universidad Santo Tomás

    Revista: IUSTA

    Autores: González Noriega, Olga

    Fecha de publicación en la Revista: 2015-12-11

    Fecha de cosecha en Ciencia Nacional: 2024-08-12

    Inactivity or silence of the legislative bodies of the Colombian State, against aconstitutional mandate implies ignorance of constitutions principles, values andrights of the citizens and thus generates legal consequences. In this regard, giventhe legal vacuum created by the absolute or full legislative omission, it is up to thehighest constitutional body, as agent of the legal field, exercise their ability to imposeauthority to force its decisions, a legal rule and applied as direct axiological criteriaof the Constitution, thereby correcting the inactivity of the legislator.The overall objective of this article is to identify the legal nature of the legislativeomission and the role that the matter should advance the Constitutional Court.This in order to show how the legislative authorities must conform to the frameworkoutlined by the constitutional order, and especially to the guidelines of theConstitutional Court and must observe and comply with the mandates provided.This research is qualitative, because it aims to gain a deep understanding of themeanings and definitions of the research problem. It is pertinent to note that thepresent lines demanded a synthesis, which aims to highlight the entire contentsof a subject or topic, exposing its main and essential parts.
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