Radical deprivation on trial
Subtitle: the impact of judicial activism on socioeconomic rights in the Global South
By: César Rodríguez-Garavito, Diana Rodríguez-Franco
Contributors: Rodríguez Franco, Diana, author
Series: Comparative constitutional law and policy
Publisher: Cambridge University Press
Published: 2015
Place of publication: New York
Language: eng
Number of pages: 219
ISBN-13: 9781107078888
Subjects: Sociological jurisprudence; Internally displaced persons; Social rights; Judicial review; LAW / Constitutional; Political questions and judicial power; Judge-made law
Description: "This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical and comparative framework for understanding these constitutional innovations and illustrates them with a detailed qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over four million internally displaced people (IDPs) in Colombia, and its implementation process. While the ruling (known as T-025 in Colombia) was handed down in 2004, its monitoring process continues to this day. This book traces the case's evolution over the last ten years from its origin to its effects on law, policy, politics, and public opinion. The far-reaching insights from this case study will be of interest to scholars of comparative constitutionalism as well as leading constitutional courts in Latin America, Africa, and Asia"--

"Rights in the Global South: An Analytical Framework Shortly after 3:00 p.m. on Monday, July 28, 2014, Danelly Estupinan, a leading figure in the Afro-Colombian social movement, stepped up onto the platform of the Colombian Constitutional Court's courtroom in the heart of Bogota. Flanked by ten other representatives of victims of forced displacement, she addressed the three Court justices presiding over the hearing, as well as the nearly 100 of us who were packed into the room -journalists, state officials, activists, scholars and lawyers"--
Notes: Includes bibliographical references and index.
Table of contents: title: Machine generated contents note: Part I. Studying Impact: Activist Courts Addressing Radical Deprivation: 1. The impact of judicial activism on socioeconomic rights in the Global South: an analytical framework; 2. The case study: forced internal displacement and the intervention of the Colombian Constitutional Court; Part II. Direct, Indirect, Material, and Symbolic Effects: 3. The unlocking effect: judicial prodding and streamlining the government bureaucracy; 4. The policy effect: design and evaluation of public policies through judicial incentives; 5. The participatory effect: dialogic judicial activism, public deliberation, and problem solving; 6. The reframing effect: forced displacement as a human rights problem; 7. The socioeconomic effect: the impact on the situation of internally displaced persons; Part III. Dialogic Judicial Activism in Comparative Perspective: 8. Explaining impact in comparative constitutionalism: an empirical case for dialogic judicial activism; 9. Conclusions: comparative constitutionalism as institutional imagination.