Abstract

HERDEGEN, Matthias. The Rule of Law, Political Responsibility and Good Government. Estud. Socio-Juríd [online]. 2007, vol.9, n.2, pp.11-26. ISSN 0124-0579.

The article presents a critical account regarding various themes relevant to current Colombian constitutional debate arising from reforms to the 1991 Constitution that have been a risen in recent years. The author illustrates such themes as the relationship between the Rule of Law and political discretion, juridical and political responsibility, the power and functions of the three branches of the state, the responsibility of means, and the capacities of a state assaulted by challenges and the strength of constitutional legitimacy. The analysis of these themes is presented from the perspective of a foreign observer, making comparisons and contrasts as necessary with elements of the German and French parliamentary systems. Finally, the reflections will extend to other topics such as the justification of the state, the Law of Peace and Justice, and the voting blocs of the political parties.

Keywords : Rule of Law; Colombian Constitution; Parliamentary System; Comparative Law.

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