El derecho al desarrollo fuerza vinculante del precedente de la corte constitucional

Abstract

The purpose of this investigation is to determine if the interpretation that the Constitutional Court of Colombia has given to the right to development has binding force in the domestic legal system. Theoretically, the present is based on the foundations of the theory of "human development" of the economist Amartya Sen and its complementation by the American philosopher Martha Nussbaum. In practical terms, the binding force of the most relevant sentences of the Constitutional Court, which refer to the right to development, in typologies T (custody decisions) and C (constitutional decisions) was investigated. Initially, the description of its content is used to analyze the aspects related to the right to human development under the theoretical foundations of the reference and the way in which said postulates acquire binding force. The methodology of jurisprudential analysis was developed taking the ratio decidendi of the sentences pronounced by the Constitutional Court. The conclusions express that the hypothesis formulated is "true", given that although the right to development is not expressly enshrined in the 1991 Political Constitution, its application has legal support and has binding force in the Constitutional Court's judgments. they have reached it through the normative force of the constitutional text and the application of international instruments for the protection of human rights.