El Estado Social de Derecho en la jurisprudencia constitucional
DOI:
https://doi.org/10.21501/23394536.1216Abstract
Este artículo muestra el papel que ha asumido el discurso principialístico dentro del ordenamiento jurídico colombiano, a partir de la recepción de teorías extranjeras que fundamentaron la prevalencia de los principios como fuente principal de lo que puede denominarse “el nuevo derecho”. La respuesta a la pregunta por la jerarquía encuentra asidero en la justicia como principio fundante del derecho y, por ende, de la fórmula del Estado Social de Derecho implementada mediante la expedición de la Constitución Política de 1991; así pues, en el artículo se identifica la línea jurisprudencia constitucional sobre los principios edificadores del Estado Social de Derecho. Frente a la metodología empleada, se destaca la utilización del método documental o bibliográfico, es decir, el estudio parte de un análisis documental sobre algunas sentencias proferidas por la Corte Constitucional de Colombia. Como conclusión, se dirá que el Estado Social de Derecho es el principio cardinal del ordenamiento jurídico colombiano.Downloads
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