Las antinomias constitucionales en las decisiones de la corte constitucional colombiana

Abstract

The Constitutional Antinomies (AC) are presupposed as contradictions —whether it is normative, principialistic or of rules— within the same legal system. They have been present in most of the legal systems in the world. Latin America is a scene of contradictions, conflicts and constant struggles to strengthen the regulatory and judicial aspects that guarantee greater effectiveness in justice. On a daily basis, judiciary operators concern about the approaches they should take to their judgments. This article is an attempt to establish the form and the way in which the Constitutional Antinomies re solved in the decisions of the Colombian Constitutional Court. This analysis contributes to focus on how these operations —sometimes technical but mostly subjective— have been developed over almost three decades. It achieves it throughout the study of the argumentative system (Perelman & Atienza) as the basis for understanding every judiciary system, the socio-legal environment in which legal activity is carried out, and certain conclusions and daring suggestions for the judiciary operator, Make the this analysis provides a contribution to focus in how these operations –sometimes technical – have been developed over almost three decades, most of the time subjective decision