Constitutional Origin and Norm Creation in Colombia

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.

Auteur

Jan Boesten is a postdoctoral researcher at the Institute for Latin American Studies (LAI) at the Freie Universität 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.

Contenu

1. Introduction: Ethical Legal Discourse in Delegative Democracies 2. The Novelty of the 1991 Constitution: A Critical Juncture in Colombia's history 3. The Choque de Trenes between Colombia's High Courts: Path Dependence and Legal Argumentation 4. Discursive Institutionalism in Colombia's Constitutional Court: The Deliberative Judge and Norm Creation in a Politicized Context 5. Conclusion: The Preeminence of Democratic Legality over Democratic Security and Discursive Institutionalism 6. Epilogue