Colombian constitutional law: leading cases by Manuel Jose Cepeda Espinosa, David Landau

By Manuel Jose Cepeda Espinosa, David Landau

This ebook offers in English the case legislations of the Colombian Constitutional court docket, which has turn into the most artistic and significant courts of the worldwide south and the area because its construction in 1991. It deals concise and thoroughly selected extracts of the Court's most crucial instances, in addition to notes and introductory fabrics to put them in historic context. The fabrics specialise in the Court's Read more...

summary: This booklet presents in English the case legislation of the Colombian Constitutional court docket, which has turn into probably the most artistic and demanding courts of the worldwide south and the area in view that its production in 1991. It deals concise and thoroughly selected extracts of the Court's most crucial instances, in addition to notes and introductory fabrics to put them in ancient context. The fabrics specialise in the Court's contributions in a comparative viewpoint, exhibiting how they're exemplary of a number difficulties confronted by means of courts worldwide and especially to illustrate of competitive judicial assessment

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Sample text

This is rooted not only in the list of principles and the Charter of Rights, but also in the organization of the state apparatus. Article 1 of the Constitution is the normative key that irradiates the entire constitutional text. Article 1. Colombia is a social state of law organized in the form of a unitary republic, decentralized, with the autonomy of its territorial units, democratic, participatory and pluralistic, based on respect for human dignity, on the work and solidarity of the individuals who belong to it, and on the predominance of the general interest.

For a more complete recounting of the various attempts to curb the Court’s powers, see Landau, supra note 27, at 292–​315. 19 20 C ol om bi a n C on s t i t u t iona l L aw brief excerpts from important concurring and dissenting opinions. We have also included introductory notes to give readers a sense of the significance of each case in a Colombian and comparative perspective, and notes on subsequent developments where we make reference to later Constitutional Court decisions or developments that help to give the reader a sense of the impact of the Court’s jurisprudence.

Hence, maintaining that social, economic and cultural rights are merely a link of political responsibility between citizens and the legislator is not only naïve with respect to the existence of such a bond, but also a flagrant distortion of the meaning and coherence which the Constitution must keep. If the responsibility for the effective realization of these rights were exclusively in the hands of the legislator, constitutional provisions would have no value and the validity of the will expressed by the constituent assembly would be subordinated to the legislator’s volition.

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