Tag: Colombian Constitutional Court
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The “Unconstitutional State of Affairs” in Brazil’s Prison System: The Enchantment of Legal Transplantation
[Editor’s Note: This is the second of two perspectives on an ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court.
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An Unconstitutional State of Affairs in the Brazilian Prison System
[Editor’s Note: I•CONnect will present two perspectives on an important ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court. An alternative analysis by Thiago Luís Sombra can be found here.]
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Judicial Activism and Forced Displacement: Lessons from the Colombian Paradox
—Cesar Rodríguez-Garavito, Universidad de los Andes and Dejusticia, and Diana Rodríguez-Franco, Northwestern University and Dejusticia Forced displacement affects millions of people in the world and entails a violation of basic human rights. In many countries, given the lack of institutional capacity, the main way of addressing this issue is through international human rights law and…
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Book Review/Response: Katharine Young and Jamal Greene on Economic and Social Rights
[Editor’s Note: In this installment of I•CONnect’s Book Review/Response Series, Jamal Greene reviews Katharine Young’s recent book Constituting Economic and Social Rights. Katharine Young then responds to the review.] Review by Jamal Greene –Jamal Greene, Columbia Law School, reviewing Katharine Young, Constituting Economic and Social Rights (Oxford 2012) In San Antonio Independent School District v.
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Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?
—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty.
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The Surprising Cascade of Pro-Gay Marriage Decisions in Latin America
—David Landau, Florida State University College of Law Ten years ago, Latin America would have been one of the last places where one would have expected an avalanche of same-sex rights decisions and policies. But that’s indeed what has happened recently, bookmarked by a December decision of the Mexican Supreme Court.