Moreno Cruz, Pablo --- "Freedom of contract and constitutional values: some exceptional cases from the Colombian Constitutional Court" [2017] ELECD 612; in Monateri, Giuseppe Pier (ed), "Comparative Contract Law" (Edward Elgar Publishing, 2017) 216

Book Title: Comparative Contract Law

Editor(s): Monateri, Giuseppe Pier

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849804516

Section: Chapter 11

Section Title: Freedom of contract and constitutional values: some exceptional cases from the Colombian Constitutional Court

Author(s): Moreno Cruz, Pablo

Number of pages: 27

Abstract/Description:

In some legal systems and (as far as it may be relevant to this chapter) particularly in the Colombian legal system, traditionally ascribed to civil law, the continuous (re)configuration of the global panorama of Law is shown (not solely) in the modification on the degree of relevance of traditional sources. Some of them, in specific contexts, from the empirical point of view, externalize and/or, from the normative point of view, ought to externalize a progressive liberation from the chains which they pretend, but do not achieve, to banish (which ends up being) a sort of vocation of producers of Law (e.g., in jurisprudence). Meanwhile others, from the empirical point of view, end up captured and/or, from the normative point of view, ought to end up captured in the same prison that at some time made them hegemonic (e.g., in legislation). The re-configuration of the panorama of Law is also shown in the identification (and consolidation) of new (and old) legal actors, also international ones, and therefore, ‘new’ ways of externalization of Law. The externalization of Law, even if tied to the memory of its own past, tries to re-invent itself to the beat of a rhythm marked by new global trends, which advocate for a uniform government of normative production – outside and inside sovereign territories, outside and inside the parliamentary scenario.