The Constitutionalization of Agrarian Law and Its Effects on Court Decisions
DOI:
https://doi.org/10.15517/44dxdh90Keywords:
Constitutionalization of Agrarian Law; Agrarian Judicial Decision-Making; Social Function of Property; Right to Food; Effective Judicial Protection.Abstract
This article examines how the constitutionalization of Agrarian Law has transformed judicial
decision-making in land-related disputes. Using a comparative legal methodology, it analyzes
this process in Germany, Colombia, and Costa Rica. It argues that the shift from a legalistic to
a constitutional model has redirected judicial reasoning toward balancing constitutional
principles such as the social and ecological function of property, environmental sustainability,
food security, and rural justice. It also explores the influence of international human rights
standards and constitutional guarantees of due process. The study concludes that the
contemporary agrarian judge acts as a constitutional interpreter of land, integrating
constitutional, statutory, and international norms.
Downloads
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Since October 2024, the Journal of Legal Sciences has the CC BY-SA 4.0 license. Under the terms of this license, sharing and adapting the material is permitted as long as the following terms are met:
Regarding attribution: When using the material, you must give appropriate credit, provide a link to the license, and indicate if you have made changes to it.
Share Alike: If you transform the material or create new ones from it, your new contribution must be shared under the same license as the original.
