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Democratizing Constitutional Law
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies ma...
The Battle for Peace
This is the comprehensive account of the long and difficult road traveled to end the fifty-year armed conflict with the FARC, the oldest guerrilla army in the world; a long war that left more than eight million victims. The obstacles to peace were both large and dangerous. All previous attempts to negotiate with the FARC had failed, creating an environment where differences were irreconcilable and political will was scarce. The Battle for Peace is the story not only of the six years of negotiation and the peace process that transformed a country, its secret contacts, its international implications, and difficulties and achievements but also of the two previous decades in which Colombia oscil...
Colombian Constitutional Law
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.
Exploring Tort Law
This is a collection of scholarship from the most influential contributors regarding Torts law.
The Politics of Extraction
"In the face of new extraction, communities in Latin America's hydrocarbon and mining regions use participatory institutions powerfully. In some cases, communities act within the formal participatory spaces, while in others, they organized "around" or "in reaction to" the institutions, using participatory procedures as focal points for escalating conflict. Communities select their strategies in response to the participatory challenges they confront. Those challenges are associated with contestation over the boundaries that determine access to participatory institutions. Contestation over the line between subnational authority vis-à-vis central-state jurisdictions heightens communities' chal...
How Negotiations End
The first full-length work to analyze the closing phase of negotiations, identifying the negotiators' behavior patterns in the endgame.
Courts and Terrorism
Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.
The Social Constitution
Shows how legal mobilization embeds constitutions in everyday life, pushing newly codified rights from words on paper to meaningful tools.
Constitutionalism of the Global South
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
