Análisis de la exequibilidad de las limitaciones constitucionales de las libertades individuales sin orden judicial previa: Una perspectiva comparada con la jurisprudencia del tribunal constitucional español

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Abstract

The object of the present article consists on presenting the reasoning of the Constitutional Tribunal of Spain for having declared unconstitutional the disposition of the Organic Law about Protection of the Civic Security that allowed the limitation to right of the individual freedom by means of the entrance authorization and domiciliary registration without previous writ on the part of the safe-deposit organisms of the State and to settle down if the arguments exposed by that Judicial Corporation could be applicable to the regulation of similar situations contemplated in are formation that could be introduced to the Political Constitution of Colombia with the purpose of fighting the terrorism, where as clause the viability that would have a modification to that similar Fundamental Statute to which was contained at Legislative Act 02 of 2003, sent with that purpose, since although this unconstitutional was declared by the Colombian Constitutional Court, such a declaration was motivated by procedure bad habits in its formation and expedition, reason why, in principle, anything would prevent him to present to consideration of the Congress for its step and approval again.
Original languageSpanish
Pages (from-to)137 - 154
Number of pages17
JournalDiálogos de Saberes
Issue number24
StatePublished - Jan 2006

Concepts

  • Concept
  • Individual freedoms
  • Judiciary police
  • Reforms constitutional
  • Terrorism

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