Abstract

TORRES AVILA, Jheison. Fundamentals of the Rights and Freedoms System in the 1991 Constitution. Prolegómenos [online]. 2019, vol.22, n.44, pp.49-66. ISSN 0121-182X.  https://doi.org/10.18359/prole.3623.

Rights are the backbone of both the concept of power control and the development of a specific theory of state legitimacy: the liberal model. In the Colombian case, the drafting of the 1991 Constitution brought about a different form of state model. This article aims at examining the characteristics of this rights model, its configuration and constitutional definition. To this end, the role of political formula and the values of the 1991 constitutional system are addressed first. Then, the problem of fundamental rights is explored, which not only establishes a discourse to substantiate the political-legal system, but also enables the very exercise of rights. Finally, rights are defined within the constitutional model, from the perspective of contemporary legal theory.

Keywords : Constitution; fundamental rights; human dignity; Constitutional Court; social rule of law.

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