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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 reflection paper aims to provide jurisprudential guidelines for judges, both regular as labor protection, as regards the right to organize. Presents a historical overview of the main rules that began the collective labor rights in Colombia, even before he founded the International Labour Organization (ILO) and the Constitution was reformed in 1991, giving effect to the concept of constitutional block. The scope mentions the first standards from 1919 to the recent development of the jurisprudence of the Constitutional Court, and as method performs the analysis of several agreements ILO freedom of association and invokes some interest jurisprudence. The importance of freedom of association within the social rule of law to reaffirm their protection, framed in international law is concluded [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]

Este artículo es el resultado de una investigación cuyo principal objetivo fue analizar el acceso a la justicia en el mecanismo de solución de controversia previsto en el Tratado de Libre Comercio suscrito entre Colombia y Estados Unidos (TLC COL-USA) y su impacto en los sectores económicos colombianos. De esta forma, se analizó la temática a partir de la conceptualización teórica del acceso a la justicia construida a partir de la doctrina y de la jurisprudencia tanto colombiana como estadounidense, así como del análisis del Sistema de Solución de Controversias consagrado en el TLC y su relación con un agente del sector productivo colombiano especifico como son los microempresarios. [ABSTRACT FROM AUTHOR]

This paper is focused on the analysis of the evolution of the conscientious objection in the jurisprudence of the Colombian Constitutional Court: at the beginning it has not received constitutional protection or was protected in a restricted manner, then it received recognition as a expression of freedoms of religion and conscience, and nowadays is categorized by the jurisprudence as a fundamental right. Moreover this article intends to illustrate the existence of a constitutional regulatory framework for conscientious objection, design to be applied in the different scenarios where it could be possible to claim it. This framework allows special rules just in the contexts where claiming the right to conscientious objection implies an opposition to other fundamental rights, but not in contexts where is opposed just to obligations. To do this, the article exposes the result of the analysis from the jurisprudential review of decisions of the Constitutional Court from 1992 to 2013 in five different scenarios. [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 essay proposes an alternative narrative of the financial crisis that fifteen years ago occasioned the homelessness of thousands of mortgagors. Much has been said on this subject at this time. The Corte Constitucional, Consejo de Estado, Corte Suprema de Justicia, academics, constitucionalist, economist and debtor associations have examined the causes, consequences and effectiveness of the strategies from the government to solve the problem. Specifically, this paper was derived from the analysis of the experience of judges and magistrates who attended the judicial process of the obligations of UPAC. These judges refused the ordering the termination of court proceedings given by the Corte Constitucional being aware of the precarious situation of housing debtors. Consequently, many borrowers lost their homes despite the protection committed by the high Court, but why the judges refused to apply these judgments? [ABSTRACT FROM AUTHOR]

This paper describes the relationship between the executive and legislative branches during the first government of Alvaro Uribe Vélez. We will focus on reviewing the legislative output of each branch of power, along with the effectiveness and efficiency they showed as promoters of this production. We will review the impact they had on the legislative agenda setting and on the control of the legislative process itself, making a diachronic analysis in which each legislature is used as a unit. Thus, we will try to identify the presence (or not) of some kind of pattern interactions, and we will evaluate, at one hand, the existence of hierarchical and transactional trends, and, on the other, the different types of balances produced between them. [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]

Strengthening of a juridical and philosophical culture should be linked to acknowledgement of political transformations resulting from the inclusion of the social and constitutional right State model. Through an approach to two important topics such as general theory of law and theory of difficult cases, this paper is intended to disclose the main theoretical and methodological implications resulting from such model and to report some obstacles which have prevented its acceptance, and a special emphasis is made on the need for theory and methodologies specifically consistent with the Colombian context. [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]

This paper explains the procedure of impeachment of the credibility of the witness in the Colombian accusatory criminal system established by the law 906 of 2004, analyzing some of its problematic aspects from a procedural and probative perspective; it exposes the mistakes of the concept "impeachment" in our environment and its relation to good judgment. [ABSTRACT FROM AUTHOR]