Abstract

BERNAL-CANO, Natalia. The creative power of the judge within the mix of constitutional procedures. Estud. Socio-Juríd [online]. 2010, vol.12, n.1, pp.11-34. ISSN 0124-0579.

This article provides an explanatory summary of the judicial creativity so as to combine elements of constitutional processes to strengthen fundamental rights. It then presents an analysis of the sources of law and their equivalents in constitutional reasoning. To underline equity in the importance of sources, this article seeks to encourage the conciliatory work of the judges and creation of law within the limits of a coherent jurisprudence. The article then examines those areas in which the jurisprudence may change and the advantages of this for the evolution of constitutional law. One of the most important jurisprudential changes is the trend towards articulating the constitutional procedures.

Keywords : constitutional justice; "tutela" action; constitutional jurisprudence; constitutional control; precedents.

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