Abstract

BECHARA LLANOS, Abraham Zamir. Jurisprudence of principles and interpretation of the constitution: The scenario of the colombian constitutional court. Justicia [online]. 2017, n.32, pp.15-37. ISSN 0124-7441.  https://doi.org/10.17081/just.23.31.2903.

We present an analysis of the interpretation of fundamental rights in the jurisprudence of the Colombian Constitutional Court, as a hermeneutic tool in the constitutional interpretation linked to jurisprudential development. As an overcoming of the legalist tradition for the consolidation of the constitutional State. Our purpose is to show the emergence of a new methodology of jurisprudential review, which we call jurisprudence of principles. This structure, based on empirical evidence in the Colombian constitutional jurisprudence, establishes theoretical links with the main practitioners of this position worldwide. Our main objective is to show in the construction of fundamental rights, its normative development as principles in constitutional jurisprudence. For this work as methodological precisions we will use two principles, which are expressed and developed in our Constitution and in the jurisprudence of the Constitutional Court: the principles Human dignity and Autonomy. As conclusions, we identify that the interpretation work done by the Constitutional Court of Colombia in the sense of jurisprudence of principles, uses the constitutional precedent as a sub-rule as a mid-point, to the jurisprudential-normative interface; between rule, precedent and principle. “Placing itself as a “material connection link”.

Keywords : Constitutional State; constitutional interpretation; fundamental rights; Constitutional Court; precedent.

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