9781139940849 (ebook) 9781107078888 (hardback) 9781107436886 (paperback)
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.
Title from publisher's bibliographic system (viewed on 11 Nov 2015).
Formatted Contents Note
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.