La constitucionalización de la responsabilidad y su proyección en la jurisprudencia del Consejo de Estado colombiano

Translated title of the contribution: The “Constitucionalization” of the state responsibility and its projection in the jurisprudence of the Colombian Council of State

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Abstract

The purpose of this research article is to demonstrate that the phenomenon of “constitutionalization” of state responsibility has occurred using Article 90 of
the Constitution as the starting point and specifically through the modification of the jurisprudence of the Council of State. The methodology applied herein
is inductive and starts with a historical analysis to demonstrate how the State Council has introduced the figure of “constitutionalization” into its decisions,
its argumentation and its application of its decisions. From this, it is evident that the State Council applies the guidelines of fundamental norms, in four main
areas: 1. The impact of “constitutionalization” on shaping elements of responsibility; 2. The importance of the introduction of control though convention; 3. The classification of non-pecuniary damages and the creation of that of constitutionally or conventionally protected damages to property, and 4. The
comprehensive reparation of the damage.
Translated title of the contributionThe “Constitucionalization” of the state responsibility and its projection in the jurisprudence of the Colombian Council of State
Original languageSpanish (Colombia)
Pages139-161
Number of pages22
Volume18
No1
Specialist publicationJuridicas
PublisherUniversidad de Caldas
StatePublished - Jan 1 2021

Concepts

  • Concept
  • “Constitucionalization”
  • State responsibility
  • Jurisprudence
  • Reparation

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