La carga de la argumentación jurídica, como modelo de adjudicación especial de los derechos fundamentales

In times of the constitutional State, the burden of making a legal argument is the third element of the adjudication model. The author will review this theoretical proposal following the principled theories that were built in the European postwar context by the German, Italian and Spanish constitutional courts, comparing their jurisprudence with the Colombian Constitutional Court. The Colombian Court is the model for the Latin-American context, as it has received the German theories from the perspective of Alexy, and because in the cases of authentic interpretation of the Constitution, the Court has succeeded to build its own model for the Colombian legal system.