Colombian Constitutional Law

Zusatztext This valuable collection of materials and commentary on the work of the Colombian Constitutional Court makes accessible to students of comparative constitutional law a wide range of the work of one of the world's most interesting and important courts. The work of everyone in the field of comparative constitutional law will be deepened by reflecting upon the cases and materials provided here. Informationen zum Autor Manuel José Cepeda Espinosa is the President of the International Association of Constitutional Law (2014-2018) and was President and Justice of the Colombian Constitutional Court (February 2001-January 2009). He played an important role in the making of the 1991 Constitution as Presidential Advisor for the Constituent Assembly and Constitutional Drafting for President of the Republic César Gaviria Trujillo (1990-1991), and Presidential Advisor for legal affairs for the President of the Republic Virgilio Barco Vargas (1987-1990). He has written extensively on Colombian constitutional law and the impact of the 1991 Constitution. Before being elected to the Court, he taught constitutional law and was Dean of the Law School, at Universidad de los Andes (1996-2000), from where he holds a law degree. He holds an LLM from Harvard Law School. He has served as a consultant on several matters, most recently in the design of transitional justice institutions during the peace process in Colombia.David Landau holds an A.B, J.D., and Ph.D in political science from Harvard University. He writes primarily about the field of comparative constitutional law, with a concentration on Latin America. His recent work focused on democratic transitions and the potential risks of constitutional amendment and constitution-making for democracy, as well as on judicial activism on socio-economic rights issues across the developing world. He has published in various journals including the Harvard International Law Journal and the International Journal of Constitutional Law. In 2011, Professor Landau served as a consultant on constitutional issues for the Truth and Reconciliation Commission of Honduras. Since 2012, he has been a founding editor of IConnect, the blog of the International Journal of Constitutional Law. Klappentext 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 context. The materials focus on the Court's contributions in a comparative perspective! showing how theyare 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. Zusammenfassung 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...

Auteur
Manuel José Cepeda Espinosa is the President of the International Association of Constitutional Law (2014-2018) and was President and Justice of the Colombian Constitutional Court (February 2001-January 2009). He played an important role in the making of the 1991 Constitution as Presidential Advisor for the Constituent Assembly and Constitutional Drafting for President of the Republic César Gaviria Trujillo (1990-1991), and Presidential Advisor for legal affairs for the President of the Republic Virgilio Barco Vargas (1987-1990). He has written extensively on Colombian constitutional law and the impact of the 1991 Constitution. Before being elected to the Court, he taught constitutional law and was Dean of the Law School, at Universidad de los Andes (1996-2000), from where he holds a law degree. He holds an LLM from Harvard Law School. He has served as a consultant on several matters, most recently in the design of transitional justice institutions during the peace process in Colombia. David Landau holds an A.B, J.D., and Ph.D in political science from Harvard University. He writes primarily about the field of comparative constitutional law, with a concentration on Latin America. His recent work focused on democratic transitions and the potential risks of constitutional amendment and constitution-making for democracy, as well as on judicial activism on socio-economic rights issues across the developing world. He has published in various journals including the Harvard International Law Journal and the International Journal of Constitutional Law. In 2011, Professor Landau served as a consultant on constitutional issues for the Truth and Reconciliation Commission of Honduras. Since 2012, he has been a founding editor of IConnect, the blog of the International Journal of Constitutional Law.

Texte du rabat

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 context. The materials focus on the Court's contributions in a comparative perspective, showing how theyare 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.

Contenu

• Table of Contents

• Preface

• Chapter 1: Introduction to the Colombian Constitution of 1991 and the Constitutional Court

• A. The Prelude to the 1991 Constitution: Institutional Decay and a Crisis of Public Order

• B. The Making of the 1991 Constitution

• C. The Structure and Powers of the Colombian Constitutional Court

• D. The Constitutional Court's Decision-making Process and Interpretive Style

• E. The Constitutional Court in the Post-1991 Political Context

• F. Methodology and Plan of this Volume

• Part I: The Constitutional Court

• Chapter 2: The Role of the Constitutional Court

• A. The Role Conception of the Constitutional Court

• B. Precedent and the Effects of Constitutional Court Decisions

• 1. The Power of the Constitutional Court to Determine the Effects of its Own Decisions
• 2. The Construction of a System of Precedent

• C. The Constitutional Block: Incorporation of International Law

• Part II: Rights

• Chapter 3: Dignity and Autonomy

• A. Decriminalization of Narcotics for Personal Use

• B. Euthanasia and Dignified Death

• C. Personal appearance

• D. Intersex Rights

• E. Abortion

• Chapter 4: Equality

• A. The Equality and Dignity Rights of Same-Sex Couples

• B. Equality, Affirmative Action, and Gender Quotas

• C. Discrimination Against the Disabled and the Positive Dimension of Equality

• Chapt…