Discrecionalidad judicial. Desarrollo de una categoría en continua construcción

Translated title of the contribution: Judicial discretion. Development of a category in continuous construction

Eduardo Alonso Flórez Aristizabal, Carlos Alberto Mojica Araque

Research output: Contribution to journalArticle

Abstract

This article presents the current reality of the limits and / or autonomy that legal operators have when applying legal norms, bearing in mind that in Constitutional States judicial activity is linked to the structural commitment of the State facing the development of the social contract. Now, to approach this investigation we have decided to take as a reference the approaches of the analytical neopositivism proposed based on the conceptualization developed by Hart, and in this way we will propose an analysis of the current state of "discretion" that judicial operators have when making a decision, considered "difficult".

Translated title of the contributionJudicial discretion. Development of a category in continuous construction
Original languageSpanish
Pages (from-to)50-60
Number of pages11
JournalUtopia y Praxis Latinoamericana
Volume25
Issue numberExtra3
DOIs
StatePublished - 2020

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