El Neo-Constitucionalismo en la Contratación Estatal, Los Pliegos Tipo VS La Autonomía Territorial.

Abstract

Our report begins with the conception of Colombia as a social state of law, which has in the political constitution and the constitutionality block, the tool so that laws, decrees or regulations of a regulatory nature are not issued subjectively, that do not violate the primary constituent, but on the contrary propitiate assumptions of guarantees and scenarios of integral development of the rights that correspond to us. We will analyze the importance of the interpretation of the legal system, the application of the exception of unconstitutionality, together with the actions for unconstitutionality, since by noting that an imperative of the duty to be, such as the application of the standard documents, may be contrary to the Magna Carta, the legal operator is in the power to decide whether to apply them or act for the same effect.

However, it is necessary to analyze whether, on the contrary, together with the fact that the standard documents are constitutional, in the light of neo-constitutionalism they seek the primacy of the social and democratic state of law, and in turn it is an element to guarantee transparency and therefore satisfy the dogmas of our political charter.