Title Radical deprivation on trial : the impact of judicial activism on socioeconomic rights in the Global South / César Rodríguez-Garavito, Diana Rodríguez-Franco

Published New York : Cambridge University Press, 2015

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Description 1 online resource Series Comparative constitutional law and policy Comparative constitutional law and policy. Contents 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 Summary "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 Bibliography Includes bibliographical references and index Notes Online resource; title from PDF title page (EBSCO, viewed October 21, 2015) Subject 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 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 Form Electronic book Author Rodríguez Franco, Diana, author. ISBN 9781316405789 1316405788 9781316406014 1316406016

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