Tag: Colombian Constitutional Court
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Priority-Setting and the Right to Health: Important Advances and Missed Opportunities from the Colombian Constitutional Court
—Alicia Ely Yamin, Harvard Law School In an important, newly issued opinion, T-237/2023, the Colombian Constitutional Court (the Court) addresses priority-setting in the context of triage during the COVID-19 pandemic. The Court has issued some of the most progressive jurisprudence regarding the right to health in the world.
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Abortion and Selective Conscientious Objection
—Teresa Violante, Friedrich-Alexander Universität Erlangen-Nürnberg [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] Universal conscientious objection in the health sector challenges the provision of legally guaranteed services, thus possibly jeopardizing the right to health of affected persons.
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The Straw that Broke the Back of the Constitution? When Quantity Transforms to Quality
—Yaniv Roznai, IDC Herzliya, Harry Radzyner Law School* On October 27, 2020, an extended bench of the Israeli Supreme Court held a hearing in HCJ 2905/20 et al. Regarding the Basic Law: Government, Amendment No. 8 and the Temporary Order (the Alternation of Government), a hearing that was broadcast live.
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The Colombian Model of Judicial Review of Legislation: A Predecessor to the Austrian Constitutional Court of 1920
—Mario Alberto Cajas Sarria, Universidad Icesi, Colombia[1] It is 100 years since the creation of the Austrian Constitutional Court (October, 1920), which gave rise to the “Austrian Model” of judicial review of a concentrated and specialized Constitutional Court,[2] that spread across Europe with its adaptations and migrated to other continents[3].
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The Challenges of Transformative Constitutionalism – A Reply to Jorge González Jácome
–Carlos Bernal, Justice, Colombian Constitutional Court[1] I In “The Promise and Peril of “Transformative Constitutionalism,” Jorge González Jácome comments on my earlier post here at I-CONnect on “The Paradox of the Transformative Role of the Colombian Constitutional Court.” González makes seven claims about my post: (a) That I “advanced an argument against the transformative role of…
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I-CONnect Symposium–Contemporary Discussions in Constitutional Law–Part V: Strong and Weak Courts: A Preliminary Approach to Judicial Strength
[Editor’s Note: This is Part V in our Externado symposium on “Contemporary Discussions in Constitutional Law.” The Introduction to the symposium is available here, Part I is available here, Part II is available here, Part III is available here and Part IV is available here.]
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I-CONnect Symposium–Contemporary Discussions in Constitutional Law–Part II: Presidential Re-Election in Latin American Case Law: A Work in Progress
[Editor’s Note: This is Part II in our Externado symposium on “Contemporary Discussions in Constitutional Law.” The Introduction to the symposium is available here, and Part I is available here.] –Sabrina Ragone, Associate Professor of Comparative Law, University of Bologna; Senior Research Affiliate, Max Planck Institute for Comparative Public Law and International Law The study of Latin…
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I-CONnect Symposium–Contemporary Discussions in Constitutional Law–Part I: The Paradox of the Transformative Role of the Colombian Constitutional Court
[Editor’s Note: This is Part I in our Externado symposium on “Contemporary Discussions in Constitutional Law.” The Introduction to the symposium is available here.] –Carlos Bernal, Justice, Colombian Constitutional Court The Colombian Constitutional Court is well-known worldwide for carrying out transformations that political authorities were unable to effectuate.