Constitution, principles and rights
The content of the 1991 Political Constitution has been extensively studied in the Colombian constitu-tional law dogmatics. In this book we analyze several problems that deal with the meaning of the con-stitution and the scope of some of its fundamental principles and rights. The text has been structured in three sections. In the first part, we analyze questions related to the meaning of the constitution. We consider the problem of disagreements about the right interpretation of constitutional provisions on the rights of same-sex couples in the decisions of the Spanish Constitutional Court and the Colombian Constitutional Court. Furthermore, we address the difficulties generated by the identification of essen-tial elements of the current constitution through the substitution test created by the Constitutional Court. In the second part, we deal with the principles of cross-branch of government collaboration and due process. Cross-branch of government collaboration is studied from the classical conceptions of legal thought and due process is studied from the impact that new doctrines of constitutionalism had on basic concepts of procedural law dogmatics. In the third part, we propose an analysis on the rights of victims and informed consent in the medical field. We propose a reflection on the rights to repara-tion, political participation and memory of the victims of the armed conflict in a democracy. Finally, we examine the nature of informed consent and its relationship to fundamental rights. In each chapter, we present proposals for analysis on the scope of the interpretative disagreements and the defining elements, the principles and the rights of the current constitution.
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