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This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Based on author's thesis (doctoral - YaleUniversity, 2018) issued under title: We, the mediated people: revolution, inclusion, and unconventional adaptation in post-Cold War South America.
By combining chronological coverage, analytical breadth, and interdisciplinary approaches, these two volumes—Histories of Solitude and Histories of Perplexity—study the histories of Colombia over the last two centuries as illustrations of the histories of democracy across the Americas. The volumes bring together over 40 scholars based in Colombia, the United States, England, and Canada working in various disciplines to discuss how a country that has been consistently presented as a rarity in Latin America provides critical examples to re-examine major historical problems: republicanism and liberalism; export economies and agrarian modernization; populism and cultural politics of state fo...
Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.
A comprehensive and timely analysis of the prospects for peace and justice in Colombia.
In Making Globalization Happen: The Untold Story of Power, Profits, Privilege, Sripati explains how, when, through which entities, and for what purposes economic globalization was catalyzed and its effects on the Global South in general and South Asia in particular. Based on an innovative international constitutional political economy framework, Sripati examines how the Western classical liberal constitution has shaped international law developments in this post-colonial era given its salience and comprehensive scope. Presenting a comprehensive narrative of economic globalization, Making Globalization Happen accurately and comprehensively links constitutional globalization to the following U...
In 1960, there were 101 middle-income countries. By 2008, only thirteen of these had become high-income countries. Why do so many middle-income countries fail to develop after a promising start, becoming mired in the so-called middle-income trap? This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective. It is the first volume that addresses law and development issues in middle-income countries from the perspective of political, administrative and legal institutions and policies. The goal is to provide international development agencies and domestic policy makers with feasible recommendations to address the wide range of technically, politically and socially complex issues that middle-income countries face.
The Constitutionalization of Human Rights Law analyses how lawyers representing refugees use human rights provisions in national constitutions to close the gap between the Law and its implementation. The book examines how laws are adapted to suit social, political, and legal contexts, focusing on Colombia, Mexico, South Africa, Uganda, and the US.
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 sh...
This book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four f...