Radical Deprivation on Trial

Erscheinungsjahr 2015
ISBN: 978-1-107-07888-8
Verlag: Cambridge University Press

Buch, Englisch, 208 Seiten, Format (B × H): 157 mm x 235 mm, Gewicht: 496 g

Reihe: Comparative Constitutional Law and Policy

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.

Autoren/Hrsg.

Rodríguez-Garavito, César

Rodríguez-Franco, Diana

Fachgebiete

• Rechtswissenschaften Öffentliches Recht
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

Part I. Studying Impact: Activist Courts Addressing Radical Deprivation: 1. The impact of judicial activism on socioeconomic rights in the Global South: an analytical framework; 2. The case study: forced internal displacement and the intervention of the Colombian Constitutional Court; Part II. Direct, Indirect, Material, and Symbolic Effects: 3. The unlocking effect: judicial prodding and streamlining the government bureaucracy; 4. The policy effect: design and evaluation of public policies through judicial incentives; 5. The participatory effect: dialogic judicial activism, public deliberation, and problem solving; 6. The reframing effect: forced displacement as a human rights problem; 7. The socioeconomic effect: the impact on the situation of internally displaced persons; Part III. Dialogic Judicial Activism in Comparative Perspective: 8. Explaining impact in comparative constitutionalism: an empirical case for dialogic judicial activism; 9. Conclusions: comparative constitutionalism as institutional imagination.

Über Autor(innen)

Rodríguez-Garavito, César
Cesar Rodríguez-Garavito is an associate professor and founding director of the Program on Global Justice and Human Rights at the University of the Andes, Colombia, and a founding member of the Center for Law, Justice, and Society (Dejusticia). He is the author of numerous articles and co-editor of several books including Law and Society in Latin America (2015), Balancing Wealth and Health (2014) and Law and Globalization from Below (2005).

Rodríguez-Franco, Diana
Diana Rodríguez-Franco is a PhD candidate in sociology at Northwestern University and an affiliate researcher at the Center for Law, Justice, and Society (Dejusticia). Her research focuses on the political economy of development, comparative environmental politics, sociology of law, and human rights. She is the author of several articles including 'Dependency Theory' (forthcoming, with James Mahoney) and 'Globalizing Intellectual Property Rights: The Politics of Law and Public Health'.