Nature and Basis of Fundamental Rights in the Colombian Legal Order

Abstract

The implementation of the Constitution as a rule of rules, required a systematic modification in all the understanding, structure and development of the Colombian legal order, based on strict legality, marked by the rational-positivist aspiration to offer full legal security, expressed in predictability of the application of the law to all factual assumptions. By rigorously adopting the constitutional provisions, it was required to understand its dogmatic part and its organic part in a harmonious way; its philosophical vocation in a context of political transition that yearned for peace and the administration of justice beyond insurgent demands and drug trafficking attacks; it was demanded to accept the action of a new Constitutional Court that became not only a full interpreter of the Charter but also a rights-maker. Among the many changes that took place with constitutional development, the understanding of fundamental rights has been one of the scenarios for further analysis and reflection due to the social, political, cultural and economic horizons that arises from its existence, fulfillment, understanding or creation. This text sets out to offer a factual and analytical route to nature and the foundation of fundamental rights from a conceptual definition that requires a necessary break with the natural law tradition and the language that guides the creation and enforceability of Human Rights.