Blog of the International Journal of Constitutional Law

Tag: Colombia

  • 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 humanitarian law institutions. 

  • Time and Sequence in Changes of Constitutional Regimes

    —Andrew Arato, The New School for Social Research Introduction The concept of the constituent power emerged in the revolutions of the 17th and 18th centuries. Many new constitutions since then were made through variety of non-revolutionary processes. Yet, the normative link between democratic forms of constitution making and revolution, deeply embedded in the notion of the constituent power of the people, has survived in both political and legal theory.

  • Checking Institutions and the Institutional Control of Politics

    —David Landau, Florida State University College of Law This week, the Colombian National Procuraduria [a sort of National Attorney General or Inspector General] removed the leftist, democratically-elected mayor of Bogota, Gustavo Petro, from office and banned him from participation in politics for 15 years.

  • Article Review/Response: Carlos Bernal-Pulido and Yaniv Roznai on Unconstitutional Constitutional Amendments

    [Editor’s Note: In this installment of I•CONnect’s Article Review/Response Series, Yaniv Roznai reviews Carlos Bernal-Pulido’s recent article in I•CON on Unconstitutional Constitutional Amendments in the Case Study of Colombia: An Analysis of the Justification and Meaning of the Constitutional Replacement Doctrine.

  • Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?

    —David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty.

  • Article Review: David Landau on Social Rights Enforcement

    [Editor’s Note: In this first installment of I•CONnect’s Article Review Series, Brian Ray reviews David Landau’s article on “The Reality of Social Rights Enforcement.” Professor Landau then responds to Professor Ray’s review.] A Review of Landau on Social Rights Enforcement —Brian Ray, Associate Professor, Cleveland-Marshall College of Law David Landau’s recent article The Reality of Social Rights Enforcement provides some important correctives to what he calls the consensus recommendation that courts should enforce social rights provisions through weak-form or dialogic review. 

  • In Search of Alternative Standards for the Adjudication of Socioeconomic Rights

    —Carlos Bernal, Senior Lecturer, Macquarie University Socioeconomic rights are one of the greatest innovations of contemporary constitutionalism, in particular, of developing countries. Some of their constitutions address the issues of poverty, unsatisfied basic needs, lack of resources for the exercise of freedoms and political rights, and unequal distribution of opportunities and wealth, by means of the entrenchment of this kind of rights.