Abstract

FUENTES OROZCO, Jesús José. Case Law on “Borderline Cases” of Disability Pension: Defeasibility from the Constitution. Prolegómenos [online]. 2020, vol.23, n.45, pp.33-49. ISSN 0121-182X.  https://doi.org/10.18359/prole.3546.

To analyze the implications of the emergence of neo-constitutionalism in the Colombian legal system, this paper discusses whether constitutional case law on “borderline cases” of disability pension is a good cause for the nonapplication of the requirements set out by the legislator to access the relevant benefits right. Using an analytical method, the research addresses conceptual elements to study, explain, and assess the underlying tension between the protection of fundamental rights in specific situations and the legitimacy and effectiveness of legal orders. Considering the role of judges and the supremacy of the Constitution, it is concluded that defeasibility in specific cases is because the very essence of the Constitution causes the judiciary to adopt concrete measures to overcome the unconstitutional effects of the law.

Keywords : Disability pension; constitutional supremacy; fundamental rights; defeasibility; neoconstitutionalism.

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