People of African Descent: Another Case of Guareantee-Ism of the Colombian Constitutional Court
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This paper presents an analysis of the Judgment of the Colombian Constitutional Court SC-931/2009, by which the Court declares inhibited to fail in a case review of the constitutionality of the Law of May 21, 1851, with which slavery was definitively abolished in Colombia. The present interest in this case is that it demonstrates once again and from a specific case, the scope of judicial guarantee-ism under the consolidation of the constitutional state, accepted paradigm in Latin America from the issuance of the constitutions of the decade of the nineties, which have resulted in the development of the new Latin American constitutionalism. Furthermore, together with the presentation of the particular case, we were interested in noting the educational work being done by the Court, resorting even to literary analysis, giving a clear example of integration of disciplines in the process of judicial protection, in addition highlighting their influence in the formulation of laws and public policies for the protection of historically discriminated groups.
Constitutional collateral, slavery, constitutional law, personal rights, Colombia, Slavery, legal guarantees, constitutional stateesclavitud, garantismo judicial, Estado constitucional.