Radical deprivation on trial : the impact of judicial activism on socioeconomic rights in the Global South / César Rodríguez-Garavito, Diana Rodríguez-Franco.
Material type: TextSeries: Comparative constitutional law and policyPublisher: New York : Cambridge University Press, 2015Description: 1 online resourceContent type:- text
- computer
- online resource
- 9781316405789
- 1316405788
- 9781316406014
- 1316406016
- Political questions and judicial power -- Developing countries
- Political questions and judicial power -- Colombia
- Judge-made law -- Colombia
- Judge-made law -- Developing countries
- Judicial review -- Developing countries
- Judicial review -- Colombia
- Internally displaced persons -- Colombia
- Sociological jurisprudence
- Social rights -- Developing countries
- Politique et pouvoir judiciaire -- Colombie
- Droit créé par le juge -- Colombie
- Contrôle juridictionnel des lois -- Colombie
- Personnes déplacées dans leur pays -- Colombie
- Sociologie juridique
- LAW -- Civil Procedure
- LAW -- Legal Services
- POLITICAL SCIENCE -- Government -- Judicial Branch
- Internally displaced persons
- Judge-made law
- Judicial review
- Political questions and judicial power
- Social rights
- Sociological jurisprudence
- Colombia
- Developing countries
- 347/.124012 23
- K3367 .R63 2015
- LAW018000
Item type | Home library | Collection | Call number | Materials specified | Status | Date due | Barcode | |
---|---|---|---|---|---|---|---|---|
Electronic-Books | OPJGU Sonepat- Campus | E-Books EBSCO | Available |
Online resource; title from PDF title page (EBSCO, viewed October 21, 2015).
Includes bibliographical references and index.
"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"-- Provided by publisher.
"Rights in the Global South: An Analytical Framework Shortly after 3:00 p.m. on Monday, July 28, 2014, Danelly Estupinan, a leading figure in the Afro-Colombian social movement, stepped up onto the platform of the Colombian Constitutional Court's courtroom in the heart of Bogota. Flanked by ten other representatives of victims of forced displacement, she addressed the three Court justices presiding over the hearing, as well as the nearly 100 of us who were packed into the room -journalists, state officials, activists, scholars and lawyers"-- Provided by publisher.
Part 1. Studying impact : activist courts addressing radical deprivation The impact of judicial activism on socioeconomic rights in the global south : an analytical framework -- The case study : forced internal displacement and the intervention of the Colombian Constitutional Court -- Part 2. Direct, indirect, material, and symbiotic effects The unlocking effect : judicial prodding and streamlining the government bureaucracy -- The policy effect : design and evaluation of public policies through judicial incentives -- The participatory effect : dialogic judicial activism, public deliberation, and problem-solving -- The reframing effect : forced displacement as a human rights problem -- The socioeconomic effect : the impact on the situation of internally displaced persons -- Part 3. Dialogic judicial activism in comparative perspective Explaining impact in comparative constitutionalism : an empirical case for dialogic judicial activism -- Conclusions : comparative constitutionalism as institutional imagination.
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