Dissertations on the foundation of constitutional decisions

Abstract

This article analyzes, from the hermeneutic model, new ways of understanding fundamental rights, where the judicial practice is especially relevant and gets further enriched through interpretive methodologies such as the precedent system, the introduction of constitutional tests and the application of techniques of balancing and proportionality. In this way, constitutional law includes a new theory of legal texts, which abandons the rigid distinction between primary and secondary sources for finding it insufficient to resolve the variety and complexity of current legal problems. Accordingly, we will show the different advances made in this area through an example of equal marriage law in the Constitutional Court of Colombia.