Publicación:

Evolución del constitucionalismo y constitucionalización del derecho en Colombia

Resumen

This monograph refers to the evolution of constitutionalism, as a discipline of law that has permeated all branches of legal science. In order to analyze constitutionalism, we must start from the emergence of the different types of State (Welfare, Democratic Constitutional and Social State of Law), which have been in charge of organizing society, finding the need to have a higher hierarchy norm, in charge of regulating the state organization and guaranteeing the recognition and protection of the rights of the citizens; which gave rise to the Constitution. The evolution of constitutionalism leads to the influence that constitutional provisions have had within the legal systems, which gave rise to a legal-political phenomenon that emerged with the constitutional texts produced after World War II. New constitutional theory was forged as a novel theoretical development of the constitution, which endowed it with validity and superiority, allowing it to permeate normative provisions with constitutional precepts. Constitutionalism and the New constitutional phenomenon are a consequence of the constant search for the recognition and protection of Human Rights, which has not only been delegated to internal bodies but has also reached the competence of international instances, empowered to monitor the safeguarding of the same.