Abstract

FLOREZ MUNOZ, Daniel Eduardo. Unconstitutionality Public Action as a Constitutional State Warranty in Colombia. Opin. jurid. [online]. 2010, vol.9, n.18, pp.89-106. ISSN 1692-2530.

This article has been divided into three parts; first part is an analytical approach to main ideas of global constitutionalism, which allow development of trends commonly called neo-constitutionalist associated to defense of principles of the constitutional State, human rights, and deliberative democracy. Second part gives a brief description of reactions from some sectors of judicature and doctrine before advent of renewed constitutional paradigms formerly described. Third part shows a defense of a thesis dealing with unconstitutionality public action as a suitable mechanism focused on materialization of these promises from dialogs among society, State, and Constitution, finally this part indicates the way in which this action provides better material warranties for defending constitutional supremacy before mechanisms in which citizens have a less leading role.

Keywords : Constitutional State; Constitutional Court; unconstitutionality public action; democracy.

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