Balancing Free Trade Principles with Other Constitutional Provisions in the Context of Preferential Trade Agreements
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Author Lizarozo Rodríguez, Liliana
De Lombaerde, PhilippeTitle Balancing Free Trade Principles with Other Constitutional Provisions in the Context of Preferential Trade Agreements Appearing in Global Journal of Comparative Law Volume 4 Issue No. 1 Publication Date 2015 Place of Publication Leiden Publisher Brill Publishers Start page 79 End page 107 Language EN Abstract Colombia's Constitution of 1991 is an ambitious text which tries to strike a balance between laying a strong foundation for economic modernization and liberalization, on the one hand, and the creation of a Social State of Law and the protection of an impressive list of constitutional rights, on the other. Because of the doctrine that has been developed by the Constitutional Court since then, it has been considered as one of the most activist courts worldwide, next to courts such as the South African court. One of the factors that has thereby complicated its task is the fact that, since the 1990s, the government has actively multiplied its international economic commitments. In this article, case law of the Colombian Constitutional Court is analyzed, with a focus on balancing: (a) between the binding character of (regional and bilateral) free trade commitments and the constitutional competences of the subnational level, and (b) between international free trade commitments and the protection of constitutional social rights. Both cases shed light on the balancing task of the court in a complex international context, in the presence of a multilevel regulatory architecture.
Copyright Holder Brill Publishers Copyright Year 2015 Copyright type All Rights Reserved DOI 10.1163/2211906X-00401003 -
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