WorksheetsPOLITICAL CONSTITUTION - 1991
Total questions: 7
Worksheet time: 14mins
Article 58 of the Political Constitution of Colombia provides that the national legal system shall preserve private property and rights acquired in accordance with civil laws. This protection, common to any constitutional regime that recognizes the primacy of individual rights, is not absolute, since the limitation of the exercise of the right to property attends to the recognition that the exercise of the rights and freedoms recognized in the Constitution implies responsibilities, all Whereas human decisions do not exclusively affect the personal orbit of the individual but affect, directly or indirectly, the legal spectrum of others.
In accordance with the previous text, the question that constitutes a problem of legal research is:
A. Does the social nature of the property right authorize the legislator to, if necessary, oblige the owner, not only to refrain from carrying out certain actions, but also to exercise positive behaviors to verify it?
B. Are property easements or simply called easements an example of a limitation to property rights in the Colombian legal system, but by virtue of their status as real rights, they are not absolute either?
C. Are citizens authorized to restrict property rights when their exercise is not convenient for the satisfaction of the higher objectives of the social State of Law?
D. Does the property right leave to the owner the power to use the thing, take advantage of it and dispose of it as best suits his interests, but does it also impose the burden of not misappropriating the patrimony of his future heirs ?
The 1991 Constitution establishes, within the superior legal framework, the recognition of the Raizal communities in Colombia, implementing a normative system that respects the indigenous authorities, as well as the justice that is imparted within those communities. This figure is known as the Special Indigenous Jurisdiction.
In order to evaluate the constitutionality of the sanction that a community establishes for the crimes of theft, it is necessary to establish whether the...
A. severity of the penalty depends on the value of the stolen object.
B. sanction is life threatening or favors slavery or torture.
C. penalty is provided in the Colombian Penal Code for theft.
D. Raizal community considers theft as an illegal act.
On October 18, 2005, the Constitutional Court declared the immediate presidential reelection to be enforceable. With that decision, then-President Álvaro Uribe Vélez officially announced his candidacy for the May 2006 elections. On February 26, 2010, the Constitutional Court declared the unenforceability of Law 1354 of 2009, which called for a constitutional referendum to allow the president Uribe a third consecutive term. Taking into account the above, a topic that corresponds to an investigation in Law is:
A. The continuity of the same person in power is the result of the will of the political parties.
B. The extension of the mandate of a ruler puts the social evolution of the inhabitants at risk.
C. The continuity of the same person in power affects the right of representation and popular election.
D. The extension of the mandate of a ruler consolidates the relations between the popular power and the government.
The gender and women's rights approach in matters of land restitution to the displaced population is based on the recognition that there are patterns in Colombian society structural discrimination, exclusion and marginalization of women that have meant ignorance and violation of their rights, including the right to property. Therefore, the restitution process includes presumptions of fact in favor of the ownership of the property of the women victims, in cases of de facto marital unions. The solution proposed to the problem presented is legal as long as...
A. proposes a legal scenario that balances the violations of the right to property that has prevailed with respect to women, within the framework of de facto marital unions.
B. establishes a special procedure within the framework of transitional justice in Colombia, with a view to the effective enjoyment of victims' rights.
C. recognizes historical-cultural patterns of discrimination within the framework of the defense of ethnic diversity.
D. limits the constitutional framework from the gender perspective, prevailing the right to equality.
The normative changes made by the repeal of the Code of Civil Procedure and by the implementation of the new General Code of Process have raised various controversies among doctrines regarding the constitutional right to due process. Some have even affirmed that "the change in itself constitutes an attack against the legal certainty of the rules regarding due process."
If you want to pose a specific research problem, to test this claim, the best option would be:
A. What are the implications that are generated to the constitutional right of due process, due to the normative change to the General Code of Process?
B. Is the normative change of the General Process Code unconstitutional, since it violates the prevailing due process and its legal security?
C. What is the consequence generated to the constitutional right of due process in terms of the legal security of its norms, by the normative change of the civil procedure to the General Code of the Process?
D. How is the constitutional right to due process violated by the issuance of a new General Code of Process?
In order to carry out a study on the model of the social state of law adopted in Colombia since the political Constitution of 1991, a legal investigation posed a problem focused on knowing the implications of the constitutionalization of legal systems in a social state of law .
In this sense, a general objective relevant to the research problem is:
A. Identify the factors that, since the constitutionalization of legal systems, have led to the adoption of the model of social rule of law, starting in 1991.
B. Determine the influence of the constitutionalization of legal systems on the political Constitution adopted by the Colombian State since 1991.
C. Compare the elements of the constitutionalization of legal systems that in contemporary times influence the conception of the State model of the 1991 Constitution.
D. Analyze the iusteoric elements that explain the constitutionalization of legal systems and its implications in the State model adopted in Colombia since 1991.
Maria, a law student, starts a research project and, in the stage of posing and formulating the problem, finds that human dignity was established in Colombia as a constitutional principle and value, that is, it is a concept that can generate problems of interpretation because it is indeterminate, which in turn can lead to a relative application of it.
Given this ambiguity, an approachable research question under the law is:
A. What are the social implications of the application of the concept of human dignity in the Colombian legal system?
B. What is the ontological notion of the concept of human dignity in the Colombian legal system?
C. What is the legal scope of the concept of human dignity in the Colombian legal system?
D. What has been the historical development of the concept of human dignity in the Colombian legal system?
