Constitutional Supremacy in the transition from rule of law to a Constitutional State from the Legal Philosophical La supremacía constitucional en el tránsito del Estado de derecho a un Estado constitucional desde la filosófica jurídica

Abstract

The new academic and jurisprudential trends have been considering the need to move away from legal positivism and to consolidate increasingly the force of the Constitution, its supremacy and its unifying power. The new constitutionalism maintains that the extreme positivist "legalism" has truncated the possibilities of implementing the rights of civil society and exercise effective and efficient functions in all areas. Similarly there have been a number of changes of legal nature, political and social, that have in some way impractical maintenance of legal positivism. Colombia is no stranger to the debate, the Constitution of 1991 is a clear example of attempts to the new legal trends constitutionalists, also called "neoconstitutionalism" for winning the Colombian political scene. In the Magna Carta they have stipulated a series of principles and guarantees have consolidated rights and the ability to effectively protect all this away from traditional legalism that has so characterized our country. Likewise, the Constitution gives the Constitutional Court the guard of it, thus ensuring compliance, and supremacy.