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Author: Manuel José Cepeda Espinosa Publisher: Oxford University Press ISBN: 0190640383 Category : Law Languages : en Pages : 449
Book Description
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.
Author: Manuel José Cepeda Espinosa Publisher: Oxford University Press ISBN: 0190640383 Category : Law Languages : en Pages : 449
Book Description
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.
Author: Alejandro Linares Cantillo Publisher: Oxford University Press ISBN: 0192650513 Category : Law Languages : en Pages : 497
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.
Author: César Rojas-Orozco Publisher: Theory and Practice of Public ISBN: 9789004440524 Category : Law Languages : en Pages : 195
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"--
Author: Giulia Sajeva Publisher: Oxford University Press ISBN: 0199091897 Category : Law Languages : en Pages : 211
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.
Author: Aarif Abraham Publisher: BoD – Books on Demand ISBN: 3838215168 Category : Political Science Languages : en Pages : 382
Book Description
Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.
Author: Plain &. Simple Publisher: Notebook - Plain & Simple ISBN: 9781729195475 Category : Business & Economics Languages : en Pages : 74
Book Description
Plain & Simple NoteBook Series Vol 3 Edition 5 Art Cover 'Orange' Ruled /lined Notebook 70 white pages. Perfect size, 8 x 10." Durable matt finish cover. Great as a school / college notebook for students, journal or work notebook. We offer a huge range of Notebooks, Planners & Diaries on Amazon. Also the opportunity to personalise them as a gift or to promote your business. Check out our Amazon Authors page to see the full range.
Author: Martin Belov Publisher: Routledge ISBN: 1000707970 Category : Law Languages : en Pages : 189
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.
Author: Lina del Castillo Publisher: U of Nebraska Press ISBN: 1496205855 Category : History Languages : en Pages : 401
Book Description
In the wake of independence, Spanish American leaders perceived the colonial past as looming over their present. Crafting a Republic for the World examines how the vibrant postcolonial public sphere in Colombia invented narratives of the Spanish “colonial legacy.” Those supposed legacies included a lack of effective geographic knowledge, blockages to a circulatory political economy, existing patterns of land tenure, entrenched inequalities, and ignorance among popular sectors. At times collaboratively, and at times combatively, Colombian leaders tackled these “colonial” legacies to forge a republic in a hostile world of monarchies and empires. The highly partisan, yet uniformly republican public sphere crafted a vision of a virtuous nation that, unlike the United States, had already abolished slavery and included Indians as citizens. By the mid-nineteenth century, as suffrage expanded to all males over twenty-one, Colombian elites nevertheless tinkered with territorial divisions and devised new constitutions to manage the alleged “colonial legacy” affecting the minds of popular voters. The book explores how the struggle to be at the vanguard of radical republican equality fomented innovative contributions to social sciences, including geography, cartography, political ethnography, constitutional science, history, and the calculation of equity through land reform. Paradoxically, these efforts created a kind of legal pluralism reminiscent of the Spanish monarchy during the “colonial” period.
Author: Helen Sullivan Publisher: Palgrave Macmillan ISBN: 9783030299798 Category : Political Science Languages : en Pages : 1737
Book Description
The Palgrave Handbook of the Public Servant examines what it means to be a public servant in today’s world(s) where globalisation and neoliberalism have proliferated the number of actors who contribute to the public purpose sector and created new spaces that public servants now operate in. It considers how different scholarly approaches can contribute to a better understanding of the identities, motivations, values, roles, skills, positions and futures for the public servant, and how scholarly knowledge can be informed by and translated into value for practice. The book combines academic contributions with those from practitioners so that key lessons may be synthesised and translated into the context of the public servant.
Author: Manuel José Cepeda Espinosa
Author: Manuel José Cepeda Espinosa
Author: Alejandro Linares Cantillo
Author: César Rojas-Orozco
Author: Giulia Sajeva
Author: Aarif Abraham
Author: Plain &. Simple
Author: Martin Belov
Author: Lina del Castillo
Author: Helen Sullivan
Author: Colombia constitutions