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Collision of principles and legal argumentation: The case of the collective right to the public space versus the rights of those who occupy the space in the pursuit of economic activities, from the decisions taken by the administrative tribunal of santand

Author:

Ana Carolina Bernal Bueno and Mauricio Alberto Franco Hernández

Subject Area:

Social Sciences and Humanities

Abstract:

This report presents the results of a professorial research that analyzed the concept of public space from their observation as a collective right, as well as from the perspective of the people who use it for economic purposes, for which reference was usedthe Public Policy formulated by the city of Bucaramanga (aimed at the recovery of the Public Space), the sentences handed down by the Administrative Tribunal of Santander and some Administrative Courts of Bucaramanga, in the period 2008-2015, also statements of the Constitutional Court and the Council of State in the same period. This to resolve the collision between the rights to the public space and the use of them for economic purposes; there where review theoretical and doctrinal references of some authors that address the legal arguments.

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