Transformation of a constitutional concept. The scope of a theoretical problem

Authors

  • José Alejandro Machado- Jiménez Author Universidad de la Sabana

Keywords:

Homosexual couples, family founded on heterosexual unions, formalistic argument.

Abstract

Based on a theoretical analysis, this article shows how several landmark decisions by the Constitutional Court of Colombia represent an attempt to change the way the family is recognized in Article 42 of the country's 1991 Constitution, by means of a formalistic argument used to protect, in the abstract, possible financial and emotional disputes among homosexual couples. The perspectives offered by the rules of the Court in its arguments and the consequences they would have for the system of Colombian family law currently in force, will be discussed in a second part of this work reserved for future delivery.

Downloads

Download data is not yet available.

Downloads

Published

2014-11-18

How to Cite

Machado- Jiménez, J. A. (2014). Transformation of a constitutional concept. The scope of a theoretical problem. Díkaion, 23(1), 93–134. Retrieved from https://dikaion.unisabana.edu.co/index.php/dikaion/article/view/3093

Issue

Vol. 23 No. 1 (2014)

Section

Articles

License

1. Proposed Policy for Journals That Offer Open Access

 

Authors who publish with this journal agree to the following terms:

  1. This journal and its papers are published with the Creative Commons License Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0). You are free to share copy and redistribute the material in any medium or format if you: give appropriate credit, provide a link to the license, and indicate if changes were made; don’t use our material for commercial purposes; don’t remix, transform, or build upon the material.