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Novum Jus
Print version ISSN 1692-6013On-line version ISSN 2500-8692
Abstract
RODRIGUEZ VILLABONA, Andrés Abel and REYES BELTRAN, Pablo Ignacio. THE LEGALIZATION OF PUBLIC POLICY: BLURRED BOUNDARIES BETWEEN LAW, POLITICS, AND GLOBALIZATION. Novum Jus [online]. 2022, vol.16, n.2, pp.391-418. Epub Dec 12, 2022. ISSN 1692-6013. https://doi.org/10.14718/novumjus.2022.16.2.15.
In the last thirty years, Colombia has undergone an accelerated process of change in the general conception of law and, specifically, in the field of constitutional law, which has shed light on various areas of the legal and political field, as is the case of public policies. In countries like Colombia, where there is a deficit in the protection and materialization of the social rights established in the Constitution of 1991, the Constitutional Court began to issue a series of judicial decisions that affect the formulation process of public policies by state authorities. Based on the above, tensions are evident between the formulation of public policies and the judicial decisions of the Constitutional Court regarding the guarantee of material and post-material rights.
Keywords : Constitution of 1991; juridization; public policy; constitutionalism; neo-constitutionalism; social rights.