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This book explains the growing empowerment of the Colombian
Constitutional Court in the early years of the 21st century and
develops the concept of the deliberative judge. Taking the case of
the Colombian Constitutional Court and drawing on neoinstitutional
theory to explain the relationship between political crisis and
institutional reforms, the book challenges the notion of rational
choice institutionalism that agents act strategically. It indicates
the limits of path dependence and argues instead that discursive
institutionalism is the most appropriate method for analyzing
processes of institutional learning. Combining theoretical and
empirical research, it builds the argument that judicial
independence promotes the case for deliberative democracy over
rational choice or strategic action approaches. Finally, the book
suggests that by introducing communicative and cognitive variables
in our understanding of key actors and processes, we are more
capable of bridging institutional origin and legacy. The work will
be a valuable resource for academics, researchers, and
policy-makers in Constitutional Law, Constitutional Politics, and
Constitutional History.
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