núm. 41 (2014)

Editorial

This article is part of the inquiry that I have been doing my doctoral thesis about thechanges that occur in the Colombian government, during the last three decades, inthe context of the transformation of the state. In this regard, first an approach to theunderstanding of the transformations that have been submitted by the State, in aninternational context, by identifying the characteristics adopted during the postwarperiod, also known as State presents welfare or interventionist, and its transit to thecurrent phase, called neoliberal, noting that such features are not the same for allcountries, but have properties to the extent that are part of the so-called developedcountries or center, or underdeveloped versus the periphery, particularly LatinAmerica. Second, some changes of government in the face of the transformationsof the Colombian State, after the constitutional reform of 1991 are highlighted.

Dentro del sistema del derecho común (common law) de Australia, existen discrepanciasentre las decisiones judiciales relacionadas con la interpretación de contratos.En el presente artículo de investigación, pretendo dilucidar las cuestiones normativasque causan dichas divergencias. Además, analizo las consecuencias de adoptar unadisposición más concreta en el caso australiano, como lo han hecho otras normatividadesdentro del derecho civil. Luego, argumento a favor de la elaboración yaprobación de una ley que esté de acuerdo con los principios internacionales actuales.

This document is one critical analysis of the regressivity of the tax system performsboth work departmental level and at the municipal level. For the former, the outlookremains supported by the ability of regional governments to increase the vice sothat the population increase the consumption of alcohol, snuff and game of chance,which are the backbone of its resources and they are classified as indirect taxes,which are regressive nature. On the other hand, municipal income present a similarresult against tax inequity, since most of the own revenues come from consumptiontaxes (industry and trade), which is also characterized by regressive in nature.

The adoption of a theory of law not only represents a legal-philosophical stance,but also carries clear implications on a practical level. In this paper we will see themain tenets of two of the most widespread streams on this topic, representing thustwo not only different, but also opposing views on the law: Legal positivism andneoconstitutionalism.The postulates one become “paradigmatic oppositions” compared to the other. Thisis so because they affect essential areas of Law as the criterion relating to its validity,formation, the role of judges in the resolution of “difficult cases”, among others.Although each theory presented solid arguments in its defense, always leave a loopholethat is exploited by the other to be criticized. This, however, does not hide atendency to include elements proposed by the neoconstitutionalism in Law, mainlybecause of the gaps of positivism facing the demands of today’s society. Therefore,the latter has tried to remain in force through new proposals, such as the so-calledinclusive positivism or softpositivismo that, on more than one occasion is awaysignificantly from the basic ideas of positivism most widespread early last century.

As usually manifests against the recognition of individual rights are the basic charts in charge of showing a new order and thus a new protection with the passing of time have introduced a new classification or list of rights that have deserved constitutional protection , problem-oriented axis called collective rights in this article from which formulated the following question Is the constitutional guarantee consistent legal development and protection of collective rights with the nature of these rights?From the formulation of the above mentioned problem and under an exploratory research, with qualitative analytical preponderance of the deductive method, based on the review of primary sources for the most part; arguments seeking to demonstrate the consistency of the Colombian legal system in the protection of collective rights will be presented. An article begins with a doctrinal review of the concept of collective rights with the distinction between diffuse interests, constitutional guarantees and legal development and the powers of the judge for effective protection.

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.