Description |
1 online resource. |
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text file |
Series |
Comparative constitutional law and policy
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Comparative constitutional law and policy.
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Bibliography |
Includes bibliographical references and index. |
Summary |
"This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical and comparative framework for understanding these constitutional innovations and illustrates them with a detailed qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over four million internally displaced people (IDPs) in Colombia, and its implementation process. While the ruling (known as T-025 in Colombia) was handed down in 2004, its monitoring process continues to this day. This book traces the case's evolution over the last ten years from its origin to its effects on law, policy, politics, and public opinion. The far-reaching insights from this case study will be of interest to scholars of comparative constitutionalism as well as leading constitutional courts in Latin America, Africa, and Asia"-- Provided by publisher. |
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"Rights in the Global South: An Analytical Framework Shortly after 3:00 p.m. on Monday, July 28, 2014, Danelly Estupinan, a leading figure in the Afro-Colombian social movement, stepped up onto the platform of the Colombian Constitutional Court's courtroom in the heart of Bogota. Flanked by ten other representatives of victims of forced displacement, she addressed the three Court justices presiding over the hearing, as well as the nearly 100 of us who were packed into the room -journalists, state officials, activists, scholars and lawyers"-- Provided by publisher. |
Contents |
Part 1. Studying impact : activist courts addressing radical deprivation Impact of judicial activism on socioeconomic rights in the global south : an analytical framework -- Case study : forced internal displacement and the intervention of the Colombian Constitutional Court -- Part 2. Direct, indirect, material, and symbiotic effects Unlocking effect : judicial prodding and streamlining the government bureaucracy -- Policy effect : design and evaluation of public policies through judicial incentives -- Participatory effect : dialogic judicial activism, public deliberation, and problem-solving -- Reframing effect : forced displacement as a human rights problem -- Socioeconomic effect : the impact on the situation of internally displaced persons -- Part 3. Dialogic judicial activism in comparative perspective Explaining impact in comparative constitutionalism : an empirical case for dialogic judicial activism -- Conclusions : comparative constitutionalism as institutional imagination. |
Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
Subject |
Political questions and judicial power -- Developing countries.
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Political questions and judicial power. |
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Developing countries. |
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Political questions and judicial power -- Colombia.
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Colombia. |
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Judge-made law -- Colombia.
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Judge-made law. |
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Judge-made law -- Developing countries.
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Judicial review -- Developing countries.
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Judicial review. |
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Judicial review -- Colombia.
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Internally displaced persons -- Colombia.
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Internally displaced persons. |
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Sociological jurisprudence.
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Sociological jurisprudence. |
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Social rights -- Developing countries.
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Social rights. |
Genre/Form |
Electronic books.
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Added Author |
Rodríguez Franco, Diana, author.
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ISBN |
9781316405789 (electronic book) |
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1316405788 (electronic book) |
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9781316406014 (electronic book) |
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1316406016 (electronic book) |
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9781107078888 |
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1107078881 |
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