Constitucionalización del Derecho Minero

Abstract

The enthusiasm of the National Constituent Assembly in Colombia to build a Political Constitution under the parameters of a Social State of Law, was not only reflected in the materialization of the Magna Carta, but also in the "constitutionalization" of the entire legal system, including mining law, which underlies administrative law.

This process has taken place mainly through the legal interpretation and jurisprudence of the Constitutional Court, since the great changes that have occurred at the regulatory level, the increase in mining production worldwide, the various international recommendations regarding legal mining, globalization, the economic opening to foreign investors and the creation of a Colombian constitution that not only granted rights to human beings, but also granted the right to the protection of human rights, have all contributed to the development of the Colombian Constitution.

The purpose of this paper is to analyze the way in which mining law has been constitutionalized since the Colombian Political Constitution of 1991 and how mining regulations can take into consideration fundamental rights and apply them.