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Nuevo Constitucionalismo Colombiano
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Book Synopsis Constitutional Origin and Norm Creation in Colombia by : Jan Boesten
Download or read book Constitutional Origin and Norm Creation in Colombia written by Jan Boesten and published by Taylor & Francis. This book was released on 2022-04-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the growing empowerment of the Colombian Constitutional Court in the early years of the 21st century and develops the concept of the deliberative judge. Taking the case of the Colombian Constitutional Court and drawing on neoinstitutional theory to explain the relationship between political crisis and institutional reforms, the book challenges the notion of rational choice institutionalism that agents act strategically. It indicates the limits of path dependence and argues instead that discursive institutionalism is the most appropriate method for analyzing processes of institutional learning. Combining theoretical and empirical research, it builds the argument that judicial independence promotes the case for deliberative democracy over rational choice or strategic action approaches. Finally, the book suggests that by introducing communicative and cognitive variables in our understanding of key actors and processes, we are more capable of bridging institutional origin and legacy. The work will be a valuable resource for academics, researchers, and policy-makers in Constitutional Law, Constitutional Politics, and Constitutional History.
Book Synopsis Doing Business in Colombia - Second Edition by : Cavelier Abogados
Download or read book Doing Business in Colombia - Second Edition written by Cavelier Abogados and published by Juris Publishing, Inc.. This book was released on 2011-10-01 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cavelier Abogados is proud to present again the latest edition of Doing Business in Colombia. The country has experienced significant changes since the First Edition was published in 2000. This volume includes a general overview of the Colombian legal system, regulations relating to business incorporation, labor, immigration and some specific samples of the main civil and commercial contracts used in the country. It also includes the latest developments in environmental law, intellectual property law, unfair competition, zoning law, taxes, international treaties, state contracts and regulations regarding foreign investment. The authors have prepared special chapters to provide in-depth coverage of certain matters that have gained importance such as asset laundering prevention, economic insolvency and corporate governance that will provide readers with an accurate idea of the legal situation of a country that is quickly becoming very attractive for foreign investment. Given the number of free trade agreements Colombia is party to and the growth of its national economy, Doing Business in Colombia is an important and timely work.
Download or read book Colombia written by Eduardo Posada-Carbó and published by Springer. This book was released on 2016-07-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the process of political and social reform that Colombia has experienced in the past decade. As the relationship between the state, the economy and the society are redefined in Latin America, Colombia has also undergone substantial transformations. This story offers a Colombian dimension to the increasing interest in processes of state reform elsewhere. The approach is interdisciplinary and will be of interest to political scientists, economists, sociologists, geographers and historians.
Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-07-21 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Book Synopsis New Constitutionalism in Latin America by : Almut Schilling-Vacaflor
Download or read book New Constitutionalism in Latin America written by Almut Schilling-Vacaflor and published by Routledge. This book was released on 2016-04-29 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Book Synopsis A Fervent Crusade for the National Soul by : Catalina Muñoz-Rojas
Download or read book A Fervent Crusade for the National Soul written by Catalina Muñoz-Rojas and published by Rowman & Littlefield. This book was released on 2022-01-04 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Fervent Crusade for the National Soul examines the implementation of cultural policies in relation to the contested configuration of citizenship in Colombia between 1930 and 1946. At a time when national identities were re-imagined all over the Americas, progressive artists and intellectuals affiliated with the liberal governments that ruled Colombia established an unprecedented bureaucratic apparatus for cultural intervention that celebrated so-called “popular culture” and rendered culture a social right. This book challenges pervasive narratives of state failure in Colombia, attending to the confrontations, negotiations, and entanglements of bureaucrats with everyday citizens that shaped the relationship between the ruler and the ruled. Catalina Muñoz argues that while culture became an instrument of inclusion, the liberal definition of popular culture as authentic and static was also a tool for domination that reinforced enduring structures of inequality founded on region, race, and gender. Liberals crafted the state as the paternalistic protector of acquiescent citizens, instead of a warden of political participation. Muñoz suggests that this form of governance allowed the elites to rule without making the structural changes required to craft a more equal society.
Book Synopsis Agrarian Capitalism, War and Peace in Colombia by : Jacobo Grajales
Download or read book Agrarian Capitalism, War and Peace in Colombia written by Jacobo Grajales and published by Routledge. This book was released on 2021-06-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on extensive research conducted in Colombia since 2009, this book addresses the connection between land grabbing and agrarian capitalism, as well as the unfulfilled promises of peace and justice. While land remains a key resource at the core of many contemporary civil wars, the impact of high-intensity armed violence on the formation of agrarian capitalism is seldom discussed. Drawing on nearly 200 interviews, archival research, and geographical data, this book examines land grabbing and the role of violence in capital with a particular focus on one key actor in the Colombian civil war: paramilitary militias. This book demonstrates how the intricate ties between armed conflict and economy formation are obscured by the widespread belief that violence is a radical form of action, breaking with the normal course of society and disconnected from the legal economy. Under this view, dispossession is perceived as diametrically opposed to capitalist accumulation. This belief is enormously influential in precisely those bureaucratic agencies that are in charge of peacebuilding, both domestically and internationally. However, this narrow view of the relationship between armed violence and capitalism belies the close ties between plunder and lawful profit, and obscures the continuity between violent dispossession and the free market. By the same token, it legitimizes post-war inequality in the name of capitalist development. The book concludes by arguing that the promotion of radical democracy in the government of land and rural development emerges as the only reasonable path for pacifying a violent polity. The book is essential reading for students, scholars, and development aid practitioners interested in land and resource grabbing, agrarian capitalism, civil wars, and conflict resolution.
Book Synopsis Constitutional Reasoning in Latin America and the Caribbean by : Johanna Fröhlich
Download or read book Constitutional Reasoning in Latin America and the Caribbean written by Johanna Fröhlich and published by Bloomsbury Publishing. This book was released on 2024-09-05 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.
Book Synopsis Latin American Constitutionalism,1810-2010 by : Roberto Gargarella
Download or read book Latin American Constitutionalism,1810-2010 written by Roberto Gargarella and published by Oxford University Press. This book was released on 2013-07-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America possesses an enormously rich constitutional history, one that has only recently become the subject of scholarly inquiry. As noted legal theorist Roberto Gargarella contends, contemporary constitutional and political theory has a great deal to learn from this history, as Latin American constitutionalism has endured unique challenges that have not appeared in other regions. Such challenges include the emergence of egalitarian constitutions in inegalitarian contexts; deliberation over the value of "importing" foreign legal instruments; a long-standing exercise of socio-economic rights; issues of multiculturalism and indigenous rights; and substantial experience with "unbalanced" versions of the system of "checks and balances." Moreover, Latin American nations have endured numerous and frequent constitutional changes over the past two centuries. In this landmark book, Gargarella provides a broadly comparative history of Latin American constitutionalism, informed by constitutional theory. He organizes the book across four major historical periods of Latin American legal history, infusing this history with a discussion of the ideas of thinkers including Juan Bautista Alberdi, Francisco Bilbao, Simón Bolívar; Juan Egaña, José González Vigil, Victorino Lastarria, Juan Carlos Mariátegui, Juan Montalvo, José María Mora, Mariano Otero, Manuel Murillo Toro, José María Samper and Domingo Sarmiento. Written by one of the leading scholars in the field, this book is truly a milestone in the study of Latin American constitutionalism.
Book Synopsis Colombian Criminal Justice in Crisis by : E. Restrepo
Download or read book Colombian Criminal Justice in Crisis written by E. Restrepo and published by Springer. This book was released on 2001-12-10 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.
Book Synopsis Redrafting Constitutions in Democratic Regimes by : Gabriel L. Negretto
Download or read book Redrafting Constitutions in Democratic Regimes written by Gabriel L. Negretto and published by Cambridge University Press. This book was released on 2020-09-17 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing public discontent with the performance and quality of many contemporary democracies makes them vulnerable to popular pressures to profoundly transform or replace their constitutions. However, there is little systematic academic discussion on the legal and political challenges that these events pose to democratic principles and practices. This book, a collaborative effort by legal scholars and political scientists, analyzes these challenges from an interdisciplinary and comparative perspective. It fills a theoretical vacuum by examining the possibility that constitutions might be replaced within a democratic regime, while exploring the conditions under which these processes are more compatible or less compatible with democratic principles. It also calls attention to the real-world political importance of the phenomenon, because recent episodes of constitutional redrafting in countries including Kenya, Poland, Venezuela and Hungary suggest that some aspects of these processes may be associated with either the improvement or the gradual erosion of democracy.
Book Synopsis Constitutionalism in the Americas by : Colin Crawford
Download or read book Constitutionalism in the Americas written by Colin Crawford and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.
Book Synopsis Towering Judges by : Rehan Abeyratne
Download or read book Towering Judges written by Rehan Abeyratne and published by Cambridge University Press. This book was released on 2021-03-25 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
Book Synopsis Constituent Assemblies by : Jon Elster
Download or read book Constituent Assemblies written by Jon Elster and published by Cambridge University Press. This book was released on 2018-06-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French constituent assemblies in the late eighteenth century, this volume exemplifies the large comparative scope of current research. The contributors discuss constituent assemblies in South East Asia, North Africa and the Middle East, Latin America, and in Nordic countries. Among the new insights they provide is a better understanding of how constituent assemblies may fail, either by not producing a document at all or by adopting a constitution that fails to serve as a neutral framework for ordinary politics. In a theoretical afterword, Jon Elster, an inspirational thinker on the current topic, offers an analysis of the micro-foundations of constitution-making, with special emphasis on the role of crises-generated passions.
Book Synopsis Proportionality and Transformation by : Francisca Pou-Giménez
Download or read book Proportionality and Transformation written by Francisca Pou-Giménez and published by Cambridge University Press. This book was released on 2022-11-03 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Book Synopsis The National versus the Foreigner in South America by : Diego Acosta
Download or read book The National versus the Foreigner in South America written by Diego Acosta and published by Cambridge University Press. This book was released on 2018-05-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the turn of the century, South American governments and regional organisations have adopted the world's most open discourse on migration and citizenship. At a time when restrictive choices were becoming increasingly predominant around the world, South American policymakers presented their discourse as being both an innovative and exceptional 'new paradigm' and part of a morally superior, avant-garde path in policymaking. This book provides a critical examination of the South American legal framework through a historical and comparative analysis. Diego Acosta uses this analysis to assess whether the laws are truly innovative and exceptional, as well as evaluating their feasibility, strengths and weaknesses. By analysing the legal construction of the national and the foreigner in ten South American countries during the last two centuries, he demonstrates how different citizenship and migration laws have functioned, as well as showing why states have opted for certain regulation choices, and the consequence of these choices for state- and nation-building in the continent. An invaluable insight for anyone interested in global migration and citizenship discussions.
Book Synopsis The Interpretation of International Law by Domestic Courts by : Helmut Philipp Aust
Download or read book The Interpretation of International Law by Domestic Courts written by Helmut Philipp Aust and published by Oxford University Press. This book was released on 2016-01-21 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.
