Abstract

AGUIRRE ROMAN, Javier; SILVA ROJAS, Alonso  and  PABON MANTILLA, Ana Patricia. Analysis of Decision C-355 of 2006 of the Constitutional Court of Colombia regarding the liberalization of abortion in Colombia: Jusphilosophical arguments underlying the debate within Habermas perspective on the role of religion in the public sphere with reference to Ronald Dworkin. Estud. Socio-Juríd [online]. 2015, vol.17, n.2, pp.167-197. ISSN 0124-0579.  https://doi.org/10.12804/esj17.02.2015.04.

This text is a product of a research project focused on the perspective that the Constitutional Court of Colombia has taken with regard to the religious arguments presented in constitutional legal actions. The theoretical framework used to develop the analysis is Habermas' account of the role of religion in the public sphere as well as his ideas on the role of the constitutional tribunals. In this particular text the case selected was the case law C-355 of 2006. In this case, the Court decriminalize, in some cases, the voluntary interruption of pregnancy. In order to develop a full analysis of such a controversial issue, Habermas' perspective is complemented with Dworkin's own view on the topic.

Keywords : Constitutional state; deliberative democracy; public sphere; Constitutional court; abortion.

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