Abstract

ORDONEZ TORRES, NAYDA  and  STERLING CASAS, JUAN PABLO. The Concept of Family in the Jurisprudence of the Colombian Constitutional Court and its Impact on Public Policies: A Hermeneutical Code Reading. Rev. Derecho Estado [online]. 2022, n.52, pp.175-206.  Epub Jan 20, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n52.06.

This text aims to analyze the redesign of the concept of family from the jurisprudence of the Colombian Constitutional Court, since the Political Constitution of 1991, and its impact on the public policies in this matter. The foregoing within a scenario that involves the ethnic and cultural plurality recognized in the constitutional text that has generated challenges for several institutions (including the family) and led to a debate between traditional positions and new visions that aim at conceptual overcoming and practice of those. This new scenario has generated a strong rejection by a part of the population, who, with a conservative stance forged by the hegemony of the Catholic Church and its traditions, resists conceiving the family phenomenon outside rigid structures and interpretations. This led to judges, especially the Constitutional Court, becoming actors in public policies when redesigning the family concept, but this is new because of classical approaches do not usually consider judges as actors, then, it is necessary to address the phenomenon from a neo-institutional approach to public policy.

Keywords : Law philosophy; constitutional law; legal interpretation; democracy; constitutional court; political philosophy.

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