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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "Colombian Constitutional Court"
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The Colombian Constitutional Court Rules that the Peace Agreement is Mandatory for Three Presidential Terms

–Gonzalo Ramírez-Cleves, Externado University, Bogotá On October 11, the Colombian Constitutional Court issued an important decision that will help to stabilize the peace agreement between the government and the FARC-EP guerrilla group, while maintaining a key role for constitutional supervision over the process. In decision C-630 of 2017, the Court reviewed a recent constitutional amendment

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Published on October 27, 2017
Author:          Filed under: Developments
 
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The Colombian Constitutional Court at the Crossroads of Peace

—Antonio Barreto-Rozo & Jorge González-Jácome, Universidad de los Andes The Colombian Constitutional Court has the final word on the legality of a large number of rules that seek to implement the peace agreement (hereafter the PA) reached last year between the government and the FARC guerrillas. One of the key points of this settlement is

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Published on August 25, 2017
Author:          Filed under: Developments
 
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In Defense of Judicial Populism: Lessons From Colombia

—Jorge González-Jácome, Stanford University and Universidad de los Andes [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Introduction In 2005, the Colombian Constitutional Court upheld an amendment allowing presidential reelection. An extremely popular President elected for the 2002-2006 period,

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Published on May 3, 2017
Author:          Filed under: Analysis
 
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Courts and Public Opinion: The Colombian Peace Process and the Substitution of the Constitution Doctrine

—Jorge González-Jácome, Universidad de los Andes Bogotá After many failed attempts to achieve peace since the 1980s, the Colombian government and the rebel group, FARC, sat down in Havana in 2012 to start a new round of peace talks. Four years later, the two parts have reached a 297-page agreement to finish a five-decade-old armed

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Published on September 28, 2016
Author:          Filed under: Developments
 
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The Unconstitutional Constitutional Amendment Doctrine and the Reform of the Judiciary in Colombia

—Mario Cajas Sarria, Icesi University, Colombia In the past few months, the Colombian Constitutional Court surprised the government, citizens, and legal scholars by issuing two decisions which struck down two bodies created by legislative act 1 of 2015, a constitutional reform that aimed at a broad constitutional overhaul of the separation of powers. The Court

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Published on September 1, 2016
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Hellerstedt and Standing: A Comparative View

—Stefanus Hendrianto, University of Notre Dame The issue of standing appears to be relatively marginal in comparative constitutional law, because comparative constitutional scholars tend to see standing as a technical issue. For instance, in analyzing the recent U.S. Supreme Court decision, Whole Women’s Health v Hellerstedt,[1]  many legal analysts have missed an important aspect of

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Published on August 24, 2016
Author:          Filed under: Analysis
 
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A New Judge for the Colombian Constitutional Court: The Tensions of Transition

—Jorge González Jácome, Pontificia Universidad Javeriana (Bogotá) One of the most heavily publicized processes of nomination and appointment to fill a vacancy on the Colombian Constitutional Court ended last week with the Senate’s selection of Alejandro Linares. He outvoted the other two candidates, Catalina Botero and Magdalena Correa, and became the ninth judge of the Court.

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Published on November 13, 2015
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The “Unconstitutional State of Affairs” in Brazil’s Prison System: The Enchantment of Legal Transplantation

[Editor’s Note: This is the second of two perspectives on an ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court. An alternative analysis by Vanice Regina Lirio do Valle, published last Friday, can be

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Published on September 30, 2015
Author:          Filed under: Developments
 
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An Unconstitutional State of Affairs in the Brazilian Prison System

[Editor’s Note: I•CONnect will present two perspectives on an important ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court. An alternative analysis by Thiago Luís Sombra can be found here.] –Vanice Regina Lirio do

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Published on September 25, 2015
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Judicial Activism and Forced Displacement: Lessons from the Colombian Paradox

—Cesar Rodríguez-Garavito, Universidad de los Andes and Dejusticia, and Diana Rodríguez-Franco, Northwestern University and Dejusticia Forced displacement affects millions of people in the world and entails a violation of basic human rights.  In many countries, given the lack of institutional capacity,  the main way of addressing this issue is through international human rights law  and

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Published on June 26, 2014
Author:          Filed under: Analysis