Libertad negativa y libre desarrollo de la personalidad en la jurisprudencia constitucional colombiana: un análisis desde la perspectiva de John Stuart Mill y Thomas Hobbes

Abstract

The main purpose of this paper is to demonstrate that the Colombian Constitutional Court confuses the interpretation of the concept of free development of personality with the one of negative freedom, as the thinking of Thomas Hobbes lies behind its argument. If he Court would base its judgments on the conception of freedom, developed by John Stuart Mill, the inference would be different, as this concept seems to adapt with the view of free development of personality under the assumptions of a Social and Democratic State of Law grounded on the fundamentals of human dignity.