Objective morality as principle of the Constitutional State in Colombia

Abstract

The pursuing of fundamental rights in the human being, has been a
relentless fight in which different kinds of states assume, sometimes, nugatory, exclusive
and overwhelming positions. In countries like Colombia, with a formalist
position, this important role was assumed by the traditionally dominant organs in
politics and law, such as the legislative and executive; however, after the ascension
of the Constitution of 1991, the system was refounded. From there, the constitutional
court boasts a creative function, founding its decisions in the moral principles found within the Constitution making possible not only a new form of Law, but a warranty
for previously excluded social sectors.