Abstract

RICO SANDOVAL, RONALD ZULEYMAN. John Rawls's Theory in Constitutional Jurisprudence. Estud. Socio-Juríd [online]. 2021, vol.23, n.1, pp.133-161.  Epub May 29, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.9837.

This text tries to expose some of the central ideas of the Theory of Justice of the North American philosopher John Rawls. First, I will examine the general characteristics of the two principles of justice; secondly, I will analyze how these principles are developed in a democratic state in what Rawls calls the "four-stage sequence". Having exposed the above, I will concentrate on two of those four stages: on the one hand, I will relate the second of the four stages to the theory of popular constitutionalism (constituent power), a central concept in modern constitutionalism. On the other hand, I will study the last stage of this sequence facing the role of the judge in Colombia, specifically in relation to the constitutional control of law. Finally, I will try to show how the reception of the North American author has been in the jurisprudence of the Colombian Constitutional Court.

Keywords : Theory of justice; original position; popular constitutionalism; constitutional judge; constitutional court; Rawls.

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