Abstract

SARMIENTO-ERAZO, Juan Pablo. Decisions of the Constitutional Court with repairing effect, between the Administrative Judge and the Constitutional Judge. Vniversitas [online]. 2010, n.121, pp.161-192. ISSN 0041-9060.

The present article exposes research results on rulings by the Colombian Constitutional Court that incorporate modulated outcome effects those that amplify themselves in time, or those that sum people favoured by a law declared unconstitutional; and, overall, every type of judicial ruling regarding constitutional issues that bears a relevant economic outcome for both State and citizens. Thus, it is possible to assess that some rulings, portrayers of a large margin of judicial activism, may conduce to compensation for torts or damages caused to individuals by unconstitutional dispositions drawn within laws made by Congress, and whose compliance with the Constitution is evaluated by that High Court.

Keywords : Tipología de sentencias de constitucionalidad; responsabilidad del Estado legislador; H7 Administración estatal; autonómica y local; Relaciones intergubernamentales; H73 Diferencias interjurisdiccionales y sus efectos; modulated outcome effects in constitutionality judicial rulings; constitutionality judicial rulings effects on taxation matters; legislative omission; Legislative State's liability; Typology of constitutionality rulings; Legislative State's liability; H7 State; autonomic and local administration; Intergovernmental relations; H73 interjurisdictional Differences and their effects.

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