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Vol 21 No 11 Nov/Dec 2016

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Radical Deprivation on Trial: The Impact of Judicial Activism on Socioeconomic Rights in the Global South


ISBN13: 9781107078888
Published: October 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99



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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.

Subjects:
Human Rights and Civil Liberties
Contents:
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.