¿Es la educación superior un derecho constitucional fundamental en Colombia? La repuesta de la corte constitucional desde la sentencia T-002 de 1992

Abstract

The main aim of this paper is to determine whether Superior Education is a fundamental constitutional right or not according to the Constitutional Court jurisprudence taking as reference what it stablished with its precedent T-002 of 2002. The method used to conduct this analysis is the jurisprudential approach. The first chapter of this paper focuses on theoretical issues which are necessary to understand the limits and reaches of this analysis such as: Fundamental Rights, Constitutional Fundamental Rights and Constitutional Precedents whose importance remains in making constitutional and fundamental rights possible. The second chapter locates the right to superior education within the Colombian Constitution and supports why it is not a fundamental right based on explicit declaration of constituent, with this, the analysis moves forward extracting the fundamentability criteria of the Constitutional Court stated within its doctrine (ratio decidendi in the precedent T-002/1992) and its posterior applicability to the juridical problem that this research deals with, at the end, the repetitions of the Constitutional Courts are exposed.