El carácter normativo del Estado social de derecho en Colombia

Abstract

In the field of rights we found within the Colombian history two concerning; the Constitution of 1886, which incorporated the universal trend to recognize constitutional guarantees through the Rule of Law. For its part, the 1991 Constitution has evolved a model of the social State of Law that integrates the social principle, the democratic and the Rule of Law. In observance of the first constitution prevailed the law as a tool for the interpretation of law, in the second prevailing principles and constitutional values as a tool of interpretation and application of the law, on the part of the constitutional judge in order to give life to the organic content of the Constitution. The principles and constitutional values enshrined in the declaratory part of the Charter develop the essential purposes of the State as threads of its fundamental structure, in accordance with the provisions of article first superior. The principles to be rules of mandate, are rules which govern the other rules, but with a higher degree of specificity, because they are achieving normative projection. The values for its axiological content radiate in an indirect manner the legal system and mark the course to be followed in the guarantee and implementation of the constitutionally recognized rights.