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This research article analyzes the incorporation of the right to access to experimental treatments in the United States of America and Colombia. It also examines its case-law insertion, essential elements, and the regulations that each country has established for the provision of these unconventional procedures and drugs. Subsequently, it makes a series of criticisms over how the Constitutional Court has migrated or translated this right from US case law and legislation to the Colombian health care system. Therefore, this paper intends to carry out a comparative analysis of both health care systems from the perspective of the role of both the State and health actors (manufacturers, insurers, patients) in accessing experimental drugs and procedures. [ABSTRACT FROM AUTHOR]

This paper is an advance of research of a doctoral thesis on the scope of arbitration in Colombia and Spain. It states that, in the Colombian legal system, arbitration has a jurisdictional nature. In addition to being transitory judges, arbitrators have a wide margin of autonomy to choose the law applicable to the case. To this is added that, as it is a single instance process, subject only to the motion for annulment, which process for defects in form or procedure, there is no procedural way to question the substance of the decision. The research is descriptive and is done from the qualitative approach. The general objective of the article is to demonstrate that, despite the above, and to that idea was reached in the conclusions, the arbitrators are subject to the precedent of the Constitutional Court, by virtue of the principles of constitutional supremacy, consistent interpretation and legal certainty. The purpose of the article is to generate arguments so that, from the arbitration processes, the constitutional precedents are respected. [ABSTRACT FROM AUTHOR]

This paper reviews the existing literature in Colombia on the International Labour Organization (ilo), as well as a study of its organizational structure, procedures, rules and their applicability in the Colombian legal system, at the constitutional level. This paper also makes an account of the beginnings and the structure of the ilo. The International Labour Standards (ils), their procedure, their obligations and their enforcement mechanisms are also examined throughout this paper. Finally, the decisions of the Governing Body of the ilo are analyzed through its different committees, all of them in the light of the Colombian constitutional jurisprudence. The paper closes with a critical conclusion regarding the Colombian Constitutional Court's decisions related to the subject. [ABSTRACT FROM AUTHOR]

This paper reviews the existing literature in Colombia on the International Labour Organization (ilo), as well as a study of its organizational structure, procedures, rules and their applicability in the Colombian legal system, at the constitutional level. This paper also makes an account of the beginnings and the structure of the ilo. The International Labour Standards (ils), their procedure, their obligations and their enforcement mechanisms are also examined throughout this paper. Finally, the decisions of the Governing Body of the ilo are analyzed through its different committees, all of them in the light of the Colombian constitutional jurisprudence. The paper closes with a critical conclusion regarding the Colombian Constitutional Court's decisions related to the subject. [ABSTRACT FROM AUTHOR]

This paper studies three mobilization episodes in which indigenous, feminists and state crimes victims litigated before the Constitutional Court. After showing which effects can be founded using a perspective focused on the study of judicial decisions, we propose a broader approach to their study that conceives the constitutional legal mobilizations as truly collective actions. The paper states that, from that standpoint, it is possible to identify how the interaction between the State and these three movements has change, as well as their internal transformations. [ABSTRACT FROM AUTHOR]

This paper analyzes the relationship that is present between the jurisprudence of the Colombian Constitutional Court (regarding the writ of tutela) during the twenty years that the Colombian Constitution has been in legal force, on the one hand, and the Coase theorem, proposed by the Nobel laureate Ronald H. Coase, on the other hand. The paper states that the Colombian Constitutional Court, although implicitly and without noticing, when considering efficiency as a criterion for deciding at least some of its cases and allocating rights that facilitates transactions between the parties to the lawsuit, has performed an analysis similar to the one that Coase explains in his paper "The Problem of Social Cost". [ABSTRACT FROM AUTHOR]

In this paper the author shows how Ginsburg and Garoupa's discussion of the "eternal search" for the balance between accountability and judicial independence through the design of judicial councils, may inform contexts such as Colombia's. The author also shows some results of a research project that dealt with the most recent nomination of Constitutional Court's Justices in Colombia (2008). Furthermore, the author argues that Garoupa and Ginsburg's paper is useful to explain the shortcut between judicial independence and accountability observed in the 2008 Colombian Constitutional Court's nomination. [ABSTRACT FROM AUTHOR]

This paper describes relations between the Constitutional Court and the Colombian Congress in cases of legislative omissions. The essay analyses modes in which the jurisprudence of the Colombian Constitutional Court uses mechanism such as exhortation to the Congress in order to find a way for resolving cases of legislative omissions. Although there is no norm in the 1991 Colombian Constitution that includes legislative omission and its treatment, the Colombian Constitutional Court uses the exhortation as a mechanism to solve this sort of problems in completeness and coherence of the Colombian juridical system. Also, the analysis identifies tones used by the Colombian Constitutional Court in order to resolve the legislative omission; sometimes the exhortation to the parliament is just rhetorical and extremely respectful of the legislative branch powers. In other opportunities, the exhortation to the parliament looks like a truly invasions in the Congress competence sphere. [ABSTRACT FROM AUTHOR]

The main objective of this paper is to present the characterization that the Inter-American Court of Human Rights (iachr) has made through its decisions of the concept of conventionality control and the implementation of this concept in Colombia. In particular, we aim to demonstrate that the development of this concept in the decisions of the Constitutional Court and the State Council has had a breakthrough in terms of normative integration of the Inter- American corpus iuris with domestic law. However, our courts have been shy to express the supremacy of international standards on all national laws, and because of this, they have prevented the construction of a conventionality control of the laws that goes far beyond the traditional constitutional control. [ABSTRACT FROM AUTHOR]

The history of psychology can be placed in scenarios apparently outside of field. In order to understand the development of psychology out of laboratory and great characters, this paper studies the means by which the production of psychological knowledge is assembled on society. Is analyzed the production discursive of psychology experts who participated in 2009 in the legal debate on gay adoption in Colombia, describing the way in which psychological evidence is articulated to legal field. Is found that the Corte Constitucional is a scenario that favors and promotes the production of psychological knowledge, and experts built versions of the social order through the evidence. [ABSTRACT FROM AUTHOR]

The document is entended to present normative context, delimit the content and analyze the impact of the final decision, from the intervention made by PAIIS which was requested by the Constitutional Court, in records No. T-3672842 and T-3754187 that were cases accumulated, which consist in protective actions complaint and made by Luis Antonio Pérez and Marcos Omar Suárez Covos Piragauta, two paralympic athletes who have represented the country in national and international competitions like shooting sport and swimming, against the Administrative Department of Sport, Recreation, physical Activity and Use of Free Time (Coldeportes), which gave rise to the judgment T-287 of 2013, issued by the Sixth Court of review of the Constitutional Court. The author of this paper made the research and writing of amicus curiae which was presented to the Court under the supervision of the consultant team, paiis. [ABSTRACT FROM AUTHOR]

The document is entended to present normative context, delimit the content and analyze the impact of the final decision, from the intervention made by PAIIS which was requested by the Constitutional Court, in records No. T-3672842 and T-3754187 that were cases accumulated, which consist in protective actions complaint and made by Luis Antonio Pérez and Marcos Omar Suárez Covos Piragauta, two paralympic athletes who have represented the country in national and international competitions like shooting sport and swimming, against the Administrative Department of Sport, Recreation, physical Activity and Use of Free Time (Coldeportes), which gave rise to the judgment T-287 of 2013, issued by the Sixth Court of review of the Constitutional Court. The author of this paper made the research and writing of amicus curiae which was presented to the Court under the supervision of the consultant team, paiis. [ABSTRACT FROM AUTHOR]

this paper aims to address the issue of violence against women from the family perspective, ie domestic violence, also called domestic, understood and affirmed from the Constitutional Court, as the violence that causes harm or physical, psychological or sexual, cruel, intimidating or demeaning, threatening, offense, offense or any form of aggression, produced between family members, be it spouse or life partner, parent, although not living under the same roof, parents or children of these including adopted children, and in general all those who shall be found permanently integrated into the household. Along with this document will explain how it affects this particular kind of violence to women, abuse and maltreatment that materialize, and the measures taken by the Colombian government to face its consequences, and finally the presentation of the concepts manages the Constitutional Court in the interpretation of this phenomenon. [ABSTRACT FROM AUTHOR]

As part of the transformation that has taken place in the family law regime towards the inclusion of same-sex couples, the Constitutional Court has played a central role and perhaps alone. This paper analyzes the main decisions of the Constitutional Court concerning standardization in the field of protection for same-sex couples, drawing from each building elements, most relevant jurisprudence. Thus I argue that through a variety of interpretive tools, the Court has instrumentalized its decisions to exercise political opportunity in the direction of the prevailing view, using the conditioning of the judgments of constitutionality. [ABSTRACT FROM AUTHOR]

This paper analyzes how the Colombian Constitutional Court in its jurisprudence includes references to case law of the European Court of Human Rights, in exercising its constitutional oversight and review of protection measures, analyzed from the incorporation of the principle of human dignity, which is considered a social foundation of our state and founding principle of the law. With this aim we present first, all referents concerning legal, doctrinal and jurisprudential universal and regional human rights protection systems; secondly, the constitutional development given in Colombia to the human rights issue and finally we analyze the sentences in which the Constitutional Court refers to the European Court on the scope of the principle of human dignity Statements that specifically refer to the protection of prison population. [ABSTRACT FROM AUTHOR]

Comparative constitutional law scholarship has not realized that differences in the configuration of political institutions should bear upon the way courts do their jobs. This paper develops a comparative theory of judicial role that focuses on broad differences in political context, and particularly in party systems, across countries. I use a case study of the Colombian Constitutional Court (supplemented by briefer studies of the Hungarian and South African Constitutional Courts) to demonstrate how differences in political institutions should impact judicial role. Because Colombian parties are unstable and poorly tied to civil society, the Colombian Congress has difficulty initiating policy, monitoring the enforcement of policy, and checking presidential power. The Court has responded by taking many of these functions into its own hands. I argue that the Court's actions are sensible given Colombia's institutional context, even though existing theories of judicial role would find this kind of legislative-substitution inappropriate. Existing theory's focus on the anti-democratic nature of judicial action assumes a robust constitutional culture outside the courts and a legislature which does a decent job representing popular will -- both assumptions tend to be false in newer democracies. Thus, comparative public law scholars must be attentive to political context in order to build tools suitable for evaluating the work of courts around the world. [ABSTRACT FROM AUTHOR]

Despite the fact that constitutionalism Colombian general rule is the principle of freedom of legislative initiative of the members of Congress in the formation of laws, the Constitution has established with respect to certain matters that the initiative rests on an exclusive basis to the National Government. In that vein, this paper presents the arguments employed by the Constitutional Court to clarify the scope of application of the grounds that limit legislative initiative in the form reserved for the National Government. [ABSTRACT FROM AUTHOR]