Abstract

CAMARGO RODRIGUEZ, Andrés Raúl. Transitional Rules and Retirement Pension in Colombia. An Analysis of the Legal System from a Legal Theory Perspective. Díkaion [online]. 2020, vol.29, n.1, pp.12-38. ISSN 0120-8942.  https://doi.org/10.5294/dika.2020.29.1.1.

In Colombia, the set of rules regulating retirement pensions has been subject to a wide array of amendments during the last decades. In that context “normas de transición” -a specific variety of legal rules which allow applying other “not in force rules”came into existence. The purpose of this article is to explain the phenomenon by using concepts provided by an analytic-positivistic version of legal theory. Hence, the methodological approach pursues: i) Reconstructing the concept of the legal system -asexplicandum-and some of the key elements that make it up, ii) Describing retirement pension Colombian legal system from the outset iii) Locating the “normas de transición”within the categories related to the concept of the legal system; and iv) Underlining some of the controversial issues in the subject from the case. The conclusions are addressed at setting a dialogue between legal theory and specialized legal studies to present an alternative approach to the matter.

Keywords : Applicability; external applicability; internal applicability; applicability criteria; derogation; legal system; dynamic; normas de transición; legal order; retirement pension; time; validity.

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