Análisis de la utilización del soft law en la argumentación y justificación de providencias de la Corte Constitucional y del Consejo de Estado en materia de autoridades regulatorias (2003-2019)
Thesis
The main objective of this work consists on identify the use of instruments of soft law to decide in sentences about regulatory authorities since 2003, by the upper jurisdictional courts in constitutional and administrative law. Initially, within an exhaustive exam in which begins with the meditation about the diverse transformations of the modern State in the aftermath of the Cold War, which are influenced by globalization, throughout an deep study of the various conceptual and theoretical implications about soft law and independent administrative authorities. This derivates in a systematized of the different sentences given by the State Council and the Constitutional Court. Thus, this investigation exposes an actual and broad vision about the development on the phenomenon of soft law as a transformative agent of the Colombian administrative law, inside a rethinking process of the role of the State in the social, juridical and political dynamics. This work expects the reader could access to new thoughts about the subject, plus having a multimodal approach of the new trends of the administrative law on new stages, which supposes new organizational challenges for the State.
publication date
January 31, 2020 6:23 PM
Research
keywords
Administrative law
Administrative soft law
Globalization and independent administrative authorities
