Abstract

PEREZ, CATALINA ROLDAN; YEPES, CARLOS ALBERTO ZÁRATE  and  ESCOBAR, JORGE MARTIN MOLINA. Colombian constitutional jurisprudence about the land management, participation and their impact in mining. Rev. Derecho [online]. 2019, n.51, pp.90-110.  Epub Mar 14, 2020. ISSN 0121-8697.  https://doi.org/10.14482/dere.51.348.3.

Was made a critical analysis of municipal planning and management in the mining land use, considering the country's dilemma about the National Government's commitment to boost mining activity and the priority defined by citizens and local and regional authorities about of the conservation and protection of the country's natural resources. This exercise suggests the existence of a scenario that scold between de exercise of the municipal territorial autonomy and the principles of the coordination, concurrency, complementarity and subsidiarity, generate from the limited incorporation of the subsoil resources in the territorial planning like structural pillar of the human activities, this evaluation is based on the important jurisprudential line of the Honorable Colombian Constitutional Court.

Keywords : Mining; subsoil; jurisprudence; land planning; territorial autonomy; Colombian Constitutional Court.

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