La expansión del derecho constitucional a la luz del derecho comercial y financiero en Colombia

Abstract

The thesis that occupies us is dedicated to the phenomenon of the constitutionalization of the law, but circumscribed to the legal phenomena of Commercial or Mercantile Law. We understand by "constitutionalization of commercial law" the hermeneutics thanks to which the constitutional principles and values ​​transcend their legal force over traditional institutions of Commercial Law and over the rules that specify and develop them, affecting their determination and scope. This paper asks if Commercial Law is really constitutionalized and seeks to find the "adequate constitutionalization" (ALEXY R. , Three writings on fundamental rights and the theory of principles, 2003), recognizing that the tension between Constitutional Law and Commercial Law, is not flatly satisfied by affirming an over-constitutionalization of the Law, but that the answer cannot be an under-constitutionalization either, but rather, depending on the specific sector of Commercial Law in question, an "adequate constitutionalization" should be attempted, which is not resolves in a fair mean, but that for specific cases it will imply an over-constitutionalization, in others it will opt for an under-constitutionalization and in many others it will propose a medium-type constitutionalization, the problem is precisely to find that "adequate constitutionalization".