Colombian Constitutional Law

Colombian Constitutional Law PDF Author: Manuel José Cepeda Espinosa
Publisher: Oxford University Press
ISBN: 0190640367
Category : Law
Languages : en
Pages : 449

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Book Description
Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.

Colombian Constitutional Law

Colombian Constitutional Law PDF Author: Manuel José Cepeda Espinosa
Publisher: Oxford University Press
ISBN: 0190640367
Category : Law
Languages : en
Pages : 449

Get Book Here

Book Description
Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.

When Rights Embrace Responsibilities

When Rights Embrace Responsibilities PDF Author: Giulia Sajeva
Publisher: Oxford University Press
ISBN: 0199091897
Category : Law
Languages : en
Pages : 211

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Book Description
The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.

Legal Design

Legal Design PDF Author: Corrales Compagnucci, Marcelo
Publisher: Edward Elgar Publishing
ISBN: 183910726X
Category : Law
Languages : en
Pages : 265

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Book Description
This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.

Constitutionalism

Constitutionalism PDF Author: Alejandro Linares Cantillo
Publisher: Oxford University Press
ISBN: 0192650513
Category : Law
Languages : en
Pages : 796

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Book Description
This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.

International Law and Transition to Peace in Colombia

International Law and Transition to Peace in Colombia PDF Author: César Rojas-Orozco
Publisher: BRILL
ISBN: 9004440534
Category : Law
Languages : en
Pages : 205

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Book Description
In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

Radical Deprivation on Trial

Radical Deprivation on Trial PDF Author: César Rodríguez-Garavito
Publisher: Cambridge University Press
ISBN: 1107078881
Category : Law
Languages : en
Pages : 235

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Book Description
Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

Constitutional Courts as Mediators

Constitutional Courts as Mediators PDF Author: Julio Ríos-Figueroa
Publisher: Cambridge University Press
ISBN: 1107079780
Category : History
Languages : en
Pages : 255

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Book Description
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

Constitutionalism of the Global South

Constitutionalism of the Global South PDF Author: Daniel Bonilla Maldonado
Publisher: Cambridge University Press
ISBN: 1107067936
Category : Law
Languages : en
Pages : 421

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Book Description
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.

The Judicialization of Politics in Latin America

The Judicialization of Politics in Latin America PDF Author: Rachel Sieder
Publisher: Springer
ISBN: 1137108878
Category : Social Science
Languages : en
Pages : 314

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Book Description
During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.

Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law PDF Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 189

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Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.