Constitutionalism : old dilemmas, new insights, 'proceedings from the XIII academic conference of the Colombian Constitutional Court' / edited by Alejandro Linares-Cantillo, Camilo Valdivieso-León, Santiago García-Jaramillo.

Format:

Book

Conference/Event

Contributor:

Valdivieso-León, Camilo, editor.

Linares Cantillo, Alejandro, editor.

García-Jaramillo, Santiago, editor.

Conference Name:

"Constitutionalism--old dilemmas, new insights" (Conference) (13th : 2019 : Bogotá, Colombia)

Language:

English

Subjects (All):

Constitutional courts--Congresses.

Constitutional courts.

Constitutional law--Congresses.

Constitutional law.

Genre:

Conference papers and proceedings.

Physical Description:

1 online resource (497 pages)

Edition:

First edition.

Place of Publication:

Oxford, England ; New York, New York : Oxford University Press, [2021]

Summary:

This compilation of twenty essays gathers some of the most prominent authors in constitutionalism and legal theory to critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, and the theory of transitional justice.

Contents:

Intro

Title Page

Copyright Page

Dedication

Contents

List of Abbreviations

List of Contributors

I. Introduction

Introduction

II. The Role of Constitutional Courts in Modern Democracies

A) Hercules at the Crossroads

1. Constitutionalism, Liberalism, and Democracy

2. The Misconceived Quest for the Elusive Right Answer or Dedication to a Process, Not a Result

3. Dialogic Constitutionalism in Defective Democracies

4. From the Public Action of Unconstitutionality of 1910 to the Constitutional Court of 1991: The Political and Legal Struggles for Constitutional Justice in Colombia

III. New Insights

A) We the People or We the Judges: The Judicial Enforcement of Unconstitutional Constitutional Amendments

5. Courts as Guarantors of Democracy

6. The Machinery of International Law and Democratic Backsliding: The Problem of Term Limits

7. The Straw that Broke the Constitution's Back? Qualitative Quantity in Judicial Review of Constitutional Amendments

8. Between the Explicit and Implicit Limits? An Analysis of Judicial Review of the Constitutional Amendment Doctrine in Colombia

B) A Struggle for Equality or Judges as Policy Makers: The Judicial Enforcement of Socio-Economic Rights

9. Constitutional Rights without the Notion of Optimization: Limiting Judicial Activism in the Realm of Social and Economic Rights

10. The Court's Dilemma in Social Rights' Enforcement

11. How can Rights be Individuated?

12. The Colombian Model of Structural Socio-economic Rights Remedies: Lessons from and for Comparative Experience

C) Courts as Mediators or Courts Setting the Ultimate Standard of Fairness: Transitional Justice

13. The Resilient Constitution

14. Judging the Justice of the Colombian Final Agreement.

15. The Transitional Justice Model in Colombia vis-à-vis the Inter-American Human Rights System: Amidst the Conventionality Control and the National Margin of Appreciation

16. Righting Wrongs or Wronging Rights? An Ethical Perspective on the Colombian Integrated System for Transitional Justice

IV. The Role of International, Comparative and Foreign Law in Domestic Constitutional Law: Dialogue Among the Global South

A) The Use of Foreign Precedents, A 'Global South' Monologue or a Conversation among Equals?

17. International and Foreign Law in Domestic Constitutional Law: A Comparative Examination of the Practice in United States and Post-Conflict Countries

18. The Inter-Institutional Dimension of the Fundamental Rights Revolution: The Colombian-American Implications of the Franco-European Experience

19. The Changing Role and Reception of International Law in Domestic Constitutional Law: Some Thoughts about Latin America and Europe

20. Not so Moderate: The Relationship between the Colombian Legal System and International Law

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-191904-7

0-19-265051-3

OCLC:

1261275543