Abstract

PALENCIA RAMOS, Eduardo Antonio; CARVAJAL MUNOZ, Paola Margarita  and  RODRIGUEZ SERPA, Ferney Asdrúbal. The underlying nomocracy of the judiciary movement in Colombian Law. Rev. Fac. Der. [online]. 2016, n.41, pp.191-214. ISSN 0797-8316.  https://doi.org/10.22187/rfd201628.

This think piece is based on the significant and laudable role carried out by constitutional court judges at a national level; theirs is a rational, reflective, axiological and interpretative role, which allows for the reinforcement of constitutional orders and for a better delimitation of law principles, with justice as a starting point. The foregoing theory has been called nomocracy, which aims to have a system not only governed by laws passed by legislators, but also by a mandatory basis on the Law. As a corollary, the role of the judge is no longer that of applying the law, but rather that of creating and protecting it, as well as that of guaranteeing rights.

Keywords : judge; nomocracy; constitutional order; guarantee rights; constitutional court.

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