In a secular country, that is equally religious, the legalization of abortion sponsored by certain minorities generates controversies that conflict with unbiased debate. The Supreme Constitutional Court added a third paragraph to Article 122 of the Criminal Code and ruled that abortion is not a crime in three events. Fundamentalist groups requested a revision to the Supreme Constitutional Court, to declare the illegality of abortion in all events. The Court proceeded to deny the request, as it should have. Justice Alberto Rojas, President of the SupremeConstitutional Court, stated that the Court does not legislate, in an interview that took place shortly thereafter. Justice Rojas response is debatable and this paper seeks to demonstrate the Court does indeed legislate, and its rulings are mandatory and irrevocable. We believe this thesis might be groundbreaking, although not thoroughly original, and might contribute to the collective body of legal knowledge in Colombia and other countries with similar law systems.
Tópico:
Comparative constitutional jurisprudence studies
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FuenteRevista de la Academia Colombiana de Jurisprudencia