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Author Boesten, Jan, author.

Title Constitutional origin and norm creation in Colombia discursive institutionalism and the empowerment of the Constitutional Court / Jan Boesten
Published Abingdon, Oxon ; New York, NY : Routledge, 2022
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Description 1 online resource
Series Comparative constitutional change
Summary 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
Notes Jan Boesten is a postdoctoral researcher at the Institute for Latin American Studies (LAI) at the Freie Universitt̃ Berlin, associated researcher with the CONPEACE Programme, as well as an Associate Member of Nuffield College at the University of Oxford. His work has appeared in the Latin American Research Review (LARR) and Colombia Internacional, Precedente, Revista Jurídica, and several edited volumes
Subject Colombia. Corte Constitucional.
Constitutional courts -- Political aspects -- Colombia
Political questions and judicial power -- Colombia
LAW / Comparative
LAW / Constitutional
LAW / General
Form Electronic book
ISBN 1000577783
1000577791
100322928X
9781000577785
9781000577792
9781003229285