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Colombian Constitutional Law - Leading Cases (Hardcover)
Loot Price: R3,293
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Colombian Constitutional Law - Leading Cases (Hardcover)
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This book provides in English the case law of the Colombian
Constitutional Court, which has become one of the most creative and
important courts of the global south and the world since its
creation in 1991. It offers concise and carefully chosen extracts
of the Court's most important cases, along with notes and
introductory materials to place them in historical and comparative
context. The book covers the Court's landmark rights jurisprudence,
including the decriminalization of drug possession, the
legalization of same-sex marriage, the protection of social rights
through broad structural orders such as the ones covering
internally displaced persons and the right to health. It also
covers the protection of the rights of indigenous peoples to
cultural autonomy and to be consulted before economic projects are
undertaken on their land, and the rights of victims of the
country's long-running internal armed conflict to truth, justice,
and reparations. Also provided are the Court's most noteworthy
structural cases, particularly its successful attempt to limit the
use of states of exception and its substitution of the constitution
doctrine, which allows it to strike down amendments that replace
rather than amending core principles of the existing constitutional
order. The materials focus on the Court's contributions in a
comparative perspective, showing how they are exemplary of a range
of problems faced by courts around the world and particularly as an
example of aggressive judicial review by the courts of the global
south. At the same time, they demonstrate how many of the Court's
key cases - such as the judicial review of the peace process with
guerrilla groups or the striking down of an amendment to allow a
popular president to seek a third term - are reactions to the
historical features of the Colombian legal and social landscape.
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