HABEAS CORPUS AND THE PROTECTION OF PERSONAL LIBERTY

被引:0
|
作者
Alvarez Parra, Tatiana Maria [1 ]
机构
[1] Univ Antioquia, Antioquia, Colombia
来源
ESTUDIOS DE DERECHO | 2008年 / 65卷 / 146期
关键词
habeas corpus; protection of liberty; accion de tutela;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
A reading of the Constitution in which gets represented, sufficiently, the protective effect that hold the institutions of habeas corpus and the "accion de tutela"***, enables to understand them as the means par excellence through which citizens and the State realized the vital role of State Constitutional of Law: the immediate protection of liberty. Ultimately, as all practical purposes, the substantial, teleological and even formal affinity of these means, brings the possibility that they could be designed as a continuous and consistent rights regarding the protection of personal liberty. As it does not seem reasonable to understand them as mutually exclusive, forms and rituals of these two instruments should not result in a burden for the citizen because that way the institutions lost their essence and function.
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页码:34 / 55
页数:22
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