An analysis of interpretation and construction of the right to life in colombian constitutional jurisprudence
Keywords:
Constitutional law, human rights, the right to life, judicial decisions, legal interpretation.Abstract
The way the Colombian Constitutional Court has interpreted the text of legislation that recognizes the right to life and how rules on the general problem of abortion have been developed are analyzed in this article. According to this assessment, the rights associated with the problem of abortion in Colombia have been created and developed as constructions of the Constitutional Court and, in doing so, the extent of the obligations pertaining to these construed rights have been confused. The first part of the article offers an explanation of the distinction between interpretation and construction, and outlines the interpretative theses on the right to life upheld by the Constitutional Court when deciding the constitutionality of criminalizing abortion. The rules that have been constructed are identified as well. In the last part, the rules of the Court are reconstructed on the basis of Hohfeld operators.Downloads
Download data is not yet available.
Published
2015-05-26
How to Cite
Pulido Ortiz, F. E. (2015). An analysis of interpretation and construction of the right to life in colombian constitutional jurisprudence. Díkaion, 23(2). Retrieved from https://dikaion.unisabana.edu.co/index.php/dikaion/article/view/4497
Issue
Section
Articles
License
1. Proposed Policy for Journals That Offer Open Access
Authors who publish with this journal agree to the following terms:
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.