By Manuel Jose Cepeda Espinosa, David Landau
This booklet presents in English the case legislation of the Colombian Constitutional court docket, which has develop into the most inventive and critical courts of the worldwide south and the area due to the fact that its production in 1991. It bargains concise and punctiliously selected extracts of the Court's most crucial instances, in addition to notes and introductory fabrics to put them in ancient context. The fabrics specialize in the Court's contributions in a comparative viewpoint, displaying how they're exemplary of a variety of difficulties confronted by way of courts around the globe and especially to illustrate of competitive judicial review. Read more...
summary: This publication presents in English the case legislations of the Colombian Constitutional court docket, which has develop into the most inventive and critical courts of the worldwide south and the area due to the fact that its production in 1991. It deals concise and punctiliously selected extracts of the Court's most vital circumstances, besides notes and introductory fabrics to put them in ancient context. The fabrics concentrate on the Court's contributions in a comparative standpoint, exhibiting how they're exemplary of a number difficulties confronted by means of courts around the globe and especially to illustrate of competitive judicial evaluate
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Additional info for Colombian constitutional law: leading cases
Some of the Court’s structural tutela judgments are found throughout the book, but especially in Chapter 6 on socioeconomic rights. Furthermore, there are examples and deeper explanations of all of these types of orders, both on concrete and abstract review, in Appendix 1. Neither type of order is unique to the Colombian context. 9 Nonetheless, the Colombian experience has been distinctive in the way some of these orders have been used. 10 2. The Construction of a System of Precedent The Constitutional Court gradually introduced the concept of precedent into constitutional law.
The Colombian system of constitutional precedent is relatively common-law like in its core features—it is judge-made and utilizes concepts such as the distinction between holding and dicta, as well as rules concerning distinguishing, following, and overruling past precedents. The final part of the chapter treats the Court’s construction of a “constitutional block” that includes many important instruments and principles from international law. Although the concept derives from French constitutional law, the Colombian Constitutional Court has used it to carve out a robust role for international law within the domestic constitutional order.
35 36 Th e C on s t i t u t iona l C ou rt The second step was made in tutela decisions, which officially have only inter partes effects, that is, they are binding only between the parties to that individual case. The Court nonetheless held that tutela decisions have considerable weight for future tutelas of a similar type. It based this holding, as noted in Decision C-037 of 1996, on constitutional principles such as equality, legitimate expectations, and due process. Over time, the Court has deepened and extended the meaning of precedent, for example by holding that governmental and some private actors as well as courts have a duty to give weight to past Constitutional Court decisions.
Colombian constitutional law: leading cases by Manuel Jose Cepeda Espinosa, David Landau