The right to the Sabbath from the argument of Dworkin's principles: jurisprudential study in the Colombian Constitutional Court

Abstract


 
 
 This article makes a study of the jurisprudence of the Constitutional Court of Colombia on the right to the Sabbath of the members of the Seventh-day Adventist Church. The methodology adopted consists of the dynamic analysis of precedents proposed by Diego López Medina in El derecho de the judges (2009), in which he presents some tools to work with jurisprudence in a structured way. Here these tools are reconstructed and, on that basis, the problem of the members of the Seventh-day Adventist Church of enjoying or not enjoying the Sabbath from the argument of the principles of Dworkin is studied. The article is divided into three sections: the first contains the reconstruction of the stated methodology. The second contains the study of the precedent on the Sabbath, the result of which is the jurisprudential line and the presentation of the graph that contains it. In the last section, a dialogue is established between the established jurisprudential balance and Dworkin's theory of principles contained in Rights seriously (2012a).