Tag: Colombian Constitutional Court
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Samuel Moyn in Bogotá: Not Enough and Domestic Constitutional Histories
—Jorge González-Jácome, Universidad de los Andes (Bogotá) The recent publication of Samuel Moyn’s Not Enough has triggered an important debate among human rights and international law scholars. The book focuses on the discussion about the relationship between the human rights revolution of the 1970s and the more or less simultaneous rise of neoliberalism and its…
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I-CONnect Symposium–The Chilean Constitutional Court’s Abortion Decision–Finding and Losing Women in Abortion Law Reform: The Case of the Chilean Constitutional Decision on Law 21030
[Editor’s Note: This is Part IV in our symposium on the one-year anniversary of the Chilean Constitutional Court’s abortion decision. The Introduction to the symposium is available here, Part I is available here, Part II is available here, and Part III is available here.]
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The Rights of Rivers and Forests and Apex Court Dynamics in Colombia: On Natural and Institutional Environments (I-CONnect Column)
—Francisca Pou Giménez, ITAM, Mexico City [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.
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The Colombian Constitutional Court Rules that the Peace Agreement is Mandatory for Three Presidential Terms
–Gonzalo Ramírez-Cleves, Externado University, Bogotá On October 11, the Colombian Constitutional Court issued an important decision that will help to stabilize the peace agreement between the government and the FARC-EP guerrilla group, while maintaining a key role for constitutional supervision over the process.
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The Colombian Constitutional Court at the Crossroads of Peace
—Antonio Barreto-Rozo & Jorge González-Jácome, Universidad de los Andes The Colombian Constitutional Court has the final word on the legality of a large number of rules that seek to implement the peace agreement (hereafter the PA) reached last year between the government and the FARC guerrillas.
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In Defense of Judicial Populism: Lessons From Colombia
—Jorge González-Jácome, Stanford University and Universidad de los Andes [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Introduction In 2005, the Colombian Constitutional Court upheld an amendment allowing presidential reelection.
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Courts and Public Opinion: The Colombian Peace Process and the Substitution of the Constitution Doctrine
—Jorge González-Jácome, Universidad de los Andes Bogotá After many failed attempts to achieve peace since the 1980s, the Colombian government and the rebel group, FARC, sat down in Havana in 2012 to start a new round of peace talks. Four years later, the two parts have reached a 297-page agreement to finish a five-decade-old armed…
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The Unconstitutional Constitutional Amendment Doctrine and the Reform of the Judiciary in Colombia
—Mario Cajas Sarria, Icesi University, Colombia In the past few months, the Colombian Constitutional Court surprised the government, citizens, and legal scholars by issuing two decisions which struck down two bodies created by legislative act 1 of 2015, a constitutional reform that aimed at a broad constitutional overhaul of the separation of powers.
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Hellerstedt and Standing: A Comparative View
—Stefanus Hendrianto, University of Notre Dame The issue of standing appears to be relatively marginal in comparative constitutional law, because comparative constitutional scholars tend to see standing as a technical issue. For instance, in analyzing the recent U.S. Supreme Court decision, Whole Women’s Health v Hellerstedt,[1] many legal analysts have missed an important aspect of…
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A New Judge for the Colombian Constitutional Court: The Tensions of Transition
—Jorge González Jácome, Pontificia Universidad Javeriana (Bogotá) One of the most heavily publicized processes of nomination and appointment to fill a vacancy on the Colombian Constitutional Court ended last week with the Senate’s selection of Alejandro Linares. He outvoted the other two candidates, Catalina Botero and Magdalena Correa, and became the ninth judge of the Court.