Examinando por Materia "Constitutional Court"

Mostrando 1 - 10 de 10
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    Análisis Decreto 806 de 2020 y Código General del proceso, cambios en el sistema procesal oral
    (Universidad EAFIT, 2021) Montoya Díaz, Jenny; Posada Botero, José David
    This monographic study will address the key new ideas of Decree 806 of 2020, which implements information and communication technologies in judicial actions carried out in Colombia. Also addressed is the response to the atypical circumstances generated by the pandemic in order to guarantee the people's access to justice. The intention, in relation to the General Code of Proces, is to analyze the relationship in the development of procedural acts while also examining the processes which have been changed and the impact that those changes generate within the oral procedural system. Initially, the study and review of this decree will be approached bearing in mind one of the objectives of this investigation, which is to determine if the provisions of the decree have allowed orality to be consolidated as the preponderant procedural system in the administration of justice before the judges. civil and family, or if, on the contrary, it has not achieved this effect and has led to it weakening, bearing in mind the interaction restrictions generated by the COVID-19 pandemic. Other changes will also be addressed that, although they are not directly related to orality, as they are more linked to the written phases of the process, it is considered that an improvement of the standard of the administration of justice should affect, such as the handling of the digital file, the way in which the powers are granted to act in the field of the jurisdictional process, the presentation of the claim and annexes, and the way in which the different procedural acts are notified.
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    Caracterización de la familia marital conformada por parejas de igual o diferente sexo sin hijos a la luz de la jurisprudencia colombiana en el marco de la Constitución de 1991
    (Universidad EAFIT, 2021) Velasco Restrepo, Juan José; Cardona Mesa, Andrés Felipe; Arango Benjumea, Carlos Julio
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    Cláusulas paraguas en el arbitraje internacional de inversión, efectos, alcance e interpretación
    (Universidad EAFIT, 2024) Isaza Moreno, Laura; Toro Valencia, José Toro
    This paper presents an analysis of the effects, scope and interpretation of umbrella clauses in international investment arbitration, thanks to the discussions that have been presented on their presence in international investment agreements (IIAs). Thus, it will first address the definition of umbrella clauses, their origins and main examples, and then examine the discussions presented in arbitration on their effects, which are summarized in (i) whether umbrella clauses allow to elevate contractual breaches to the level of IIA violations, and what type of breaches have been considered relevant for such purpose, (ii) whether breaches of domestic commitments can be raised to the level of an IIA breach, (iii) what is the personal scope of umbrella clauses, (iv) whether umbrella clauses can affect forum selection clauses, and (v) whether umbrella clauses can be imported through most-favored-nation clauses. Finally, in order to ground the application of umbrella clauses, a study on the presence of umbrella clauses in IIAs signed by Colombia and the position of the Constitutional Court with respect to them will be carried out.
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    ¿Una Corte para las mujeres? : aportes de la crítica feminista al desarrollo jurisprudencial de los derechos sexuales y reproductivos de las mujeres en Colombia
    (Universidad EAFIT, 2020) Londoño Medina, Manuela; Mira Montoya, Valeria
    This article evaluates the reception of the feminist legal thought theses made by the Constitutional Court in relation to women’s sexual and reproductive rights. Based on an analysis of the history and types of feminism, it is presented as a critical theory of law that questions the social order determined by current legal norms. Subsequently, a study on the development of sexual and reproductive rights in the international order and the incidence of women's movements in this process is carried out. Third, the impact of women's groups in Colombian constitutionalism is investigated, specifically in the constitutional reform process of 1991. Finally, the jurisprudence of the Constitutional Court on women’s sexual and reproductive rights is reviewed in order to determine in which scale the feminist legal thought arguments are taken into account by that Court.
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    Hans Kelsen and the Austrian Constitutional Court (1918-1929)
    (Universidad EAFIT, 2012-07-16) Lagi, Sara; Middlebury College and Florence University of the Arts
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    Meanings of the Administrative Act in the Constitutional Court Jurisprudence
    (Universidad del Rosario, 2019-07-01) C. DIAZ DIEZ; C. DIAZ DIEZ
    This paper analyzes the meanings the Constitutional Court has assigned to the expression ``administrative act'', contained -both in its singular and plural forms- in several normative statements of the 1991 Political Constitution, with the purpose of concluding if that Corporation, in the exercise of its role as guardian of the Constitutions integrity and supremacy, has built a uniform definition of administrative act or if, on the contrary, it has used diverse and even contradictory notions. Likewise, the paper asks and offers an answer to if the existence of an administrative act's correct definition can be extracted from the Constitution or if defining it, is an activity conferred to the Congress of the Republic, the National Government, the Constitutional Court or the Council of State, which enjoy of configuring freedom for building that concept.
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    Proceso de ASC - EL IMPACTO DE LA PARTICIPACION CIUDADANA, MEDIANTE AUDIENCIAS PUBLICAS, EN LAS DECISIONES DE LA CORTE CONSTITUCIONAL COLOMBIANA. 1996 - 2018
    (Universidad EAFIT, 2020) Franco, María Helena; Vega, Alejandro; Muñoz, Carolina; María, Roldán; Universidad EAFIT
    This small research project seeks to analyze the incidence of citizen participation through public hearings in the decisions made by the Colombian Constitutional Court (hereinafter CCC) between 1996 and 2018. Research on this topic is justified given that citizen participation in the judiciary is a response to the dilemma between constitutionalism and democracy, which, however, has been little explored from the empirical point of view in Colombia
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    ¿Qué supone la inconstitucionalidad de las normas que crearon el Minciencias?
    (Universidad EAFIT, 2021-12-06) Díaz Díez, Cristian Andrés; Universidad EAFIT
    A strategic issue of the State, such as the creation of a ministry, should have an adequate legislative procedure and have its structure clearly defined from the moment of its conception. The creation, modification and suppression of ministries and administrative departments should be due to a reasonable planning exercise and not to improvised decisions.
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    The recent attempt at constitutional reform to Colombia’s military jurisdiction: Context, implications and perspectives for subsequent debates
    (Universidad de los Andes - Facultad de Derecho, 2014-07-01) A. GOMEZ VELASQUEZ; A. GOMEZ VELASQUEZ
    From an international perspective, there has been a tendency to try and restrict or even avoid the use of military tribunals to prosecute members of the military or police responsible for serious human rights violations. Colombia has become a part of...