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Novum Jus
versão impressa ISSN 1692-6013versão On-line ISSN 2500-8692
Resumo
VIVAS BARRERA, Tania Giovanna. Colombia's Constitutional Court: Three Decades of a Constitutional Judge in Constant Transnational Judicial Dialogue. Novum Jus [online]. 2023, vol.17, n.3, pp.432-454. Epub 16-Mar-2024. ISSN 1692-6013. https://doi.org/10.14718/novumjus.2023.17.3.15.
Before 1991, the use of comparative law was not a resource widely used by the Colombian constitutional judge. It was only with the 1991 Constitution that the Constitutional Court judge began to build bridges of dialogue, using the reference to judicial decisions of homologous courts to strengthen the argumentation, allowing to frame its decision in what has been called global constitutionalism and to define itself as a judge in an open international dialogue. This jurisprudential openness, not without contradictions, has made the three decades of the Constitutional Court the period that will go down in history as the one in which the Colombian judge made the most use of comparative law to support his domestic decisions. How well has he done so? The answer to this question will illuminate the content of this article.
Palavras-chave : Comparative constitutional law; transnational judicial dialogue; Colombian Constitutional Court; comparative law; administrative law.