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Charria-García, Fernando; fernando.charriag@campusucc.edu.co(Ediciones Universidad Cooperativa de Colombia, Cali, ColombiaCaliCiencia Inclusiva, 2018-04)
Purpose: The present work explores the concept of culture in both the Universal Declaration of Human Rights of 1948 and the Colombian Constitution of 1991, in light of the conception of body of constitutional law. These references could have nothing particular, except that they are two different ways of expressing the concept of culture, which gives rise to a tense/relaxed relationship between the Colombian Constitution of 1991 and the Declaration of Human Rights of 1948. Description: As it is only natural, it is essential to resolve this tension from a legal perspective through an analysis and an interpretive study of the two concepts of culture. Point of view: This paper offers a type of interpretation that intends to provide the judge with an impression that can be used when dealing with this matter. Conclusions: To date, this concept has not been considered by any of the high judicial courts in Colombia, particularly the Constitutional Court, which is in charge of interpreting and controlling constitutional rules.
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Aguado Romero, Gabriela; aguadogabriela@hotmail.com(Ediciones Universidad Cooperativa de Colombia, Bogotá, ColombiaExternoCiencia Inclusiva, 2019-01-05)
Purpose: The purpose of this study is to make an analysis about the human right called guarantee of due process hearing, recognized in the Political Constitution of the United Mexican States and in the International Law of Human Rights. We can see that nowadays this human right is violated in the customs department, within the second legislation. This violation happens when the principle of legality is ignored, granting a margin of discretion in favor of the customs authority against the importer. Methods: Results: Analyzing this situation, we can observe there is a lack of harmonization to protect human rights, despite the fact that the constitutional reform of 2011 in the field of human right, brings a different way to interpret ate the Constitution and the international treaties in which Mexico is involved, it is obvious that the legislation on customs matters in Mexico, still has sections that transgress, among others, the guarantee of due process hearing. Conclusions: State fails to comply with the obligation to respect, protect, promote and guarantee the enforcement and enjoyment of the human rights and fundamental freedoms of citizens who are within its jurisdiction.
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Galbán Rodríguez, Liuba; Rodríguez Matos, Neris; lgalban@uo.edu.cu; neris@uo.edu.cu(Ediciones Universidad Cooperativa de Colombia, Bogotá, ColombiaExternoCiencia Inclusiva, 2017-08)
Purpose: To offer a redefinition of constitutional values by considering them as part of the identity and intangible heritage of peoples as a result of specific historical, political, economic and socio-cultural conditions.
Description: A brief retrospective of the main conceptions of values in the legal philosophical thought is elaborated. Questions such as whether the recognition of values by constitutions arises from historical chance, why they are called “higher” or “superior” in the legal system, whether or not they are part of positive law, what their relationship to rights is, and whether their constitutional recognition is sufficient to enforce them in society are answered.
Point of view: The values recognized in constitutions express ideologies, ideals and aspirations; they are reflections of social, political, legal philosophical thoughts and radiate to all the systems derived from the Constitution
Conclusions: Superior values are part of the identity and intangible heritage of peoples, especially when they are recognized because of democratic constituent processes, have the hierarchical supremacy of the source they come from, are part of positive law, and can be directly invokable, interpretable and applicable.
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Cabrera Suárez, Lizandro Alfonso; llzandrocabrera@hotmail.com(Ediciones Universidad Cooperativa de Colombia, Bogotá, ColombiaExternoCiencia Inclusiva, 2018-04-01)
Aim: The exercise will consist in establishing the meanings of the concepts related to the principle of the Social Rule of Law. Methods: Indeed, what does it mean that Colombia is under the Social Rule of Law? The expression means that the constituents representing the people decided on a specific form of State and excluded others. But what characterizes it?
Results: While being a supremely rich topic full of implications about which entire books could be written, it will be presented in a summarized manner trying to gather all the important elements of the discussion around it. Conclusions: If there is no Rule of Law, there is no democracy. The Social Rule of Law also strives for the realization of fundamental social rights.
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