首页 >
法律 >
行政法 >
Colombian Constitutional Law: Leading Cases

Colombian Constitutional Law: Leading Cases

作者： Manuel Jose Cepeda Espinosa; David Landau
出版商： Oxford University Press USA
ISBN: 9780190640361
出版时间 April 2017
规格： Hardback
适应领域： Colombia ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥1,302.00

￥1,262.94 Save ￥39.06 (3%)

或

下载订单表

加入收藏
| 加入比较

描述
大纲

详细

This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context.

The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations.

Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.
Table of Contents
Preface
Chapter 1: Introduction to the Colombian Constitution of 1991 and the Constitutional Court
A. The Prelude to the 1991 Constitution: Institutional Decay and a Crisis of Public Order
B. The Making of the 1991 Constitution
C. The Structure and Powers of the Colombian Constitutional Court
D. The Constitutional Court's Decision-making Process and Interpretive Style
E. The Constitutional Court in the Post-1991 Political Context
F. Methodology and Plan of this Volume
Part I: The Constitutional Court
Chapter 2: The Role of the Constitutional Court
A. The Role Conception of the Constitutional Court
B. Precedent and the Effects of Constitutional Court Decisions
1. The Power of the Constitutional Court to Determine the Effects of its Own Decisions
2. The Construction of a System of Precedent
C. The Constitutional Block: Incorporation of International Law
Part II: Rights
Chapter 3: Dignity and Autonomy
A. Decriminalization of Narcotics for Personal Use
B. Euthanasia and Dignified Death
C. Personal appearance
D. Intersex Rights
E. Abortion
Chapter 4: Equality
A. The Equality and Dignity Rights of Same-Sex Couples
B. Equality, Affirmative Action, and Gender Quotas
C. Discrimination Against the Disabled and the Positive Dimension of Equality
Chapter 5: Freedom of Speech and Freedom of Religion
A. Limitations on Speech for Security and Decency
B. Limitations on Speech for Privacy and Reputation
C. The Freedom of Expression and Political Campaigns
1. Financing Political Parties and Campaigns
2. Access to Televised Debates
D. Religious Establishment
E. The Accommodation of Religion and Conscientious Objection
Chapter 6: Social Rights
A. Foundations of Justiciability: The Right to a Minimum Level of Subsistence
B. The Court and Economic Crisis
1. The Housing Finance Crisis
2. The Budgetary Crisis and Public Sector Salaries
C. The Right to Health: From Individual to Structural Remedies
1. Individualized enforcement
2. Structural Enforcement
D. A Structural Remedy for Internal Forced Displacement
E. Informal and Marginalized Work
1. Street vendors
2. Informal recyclers
3. Sex Workers
F. The Right to Water
Chapter 7: The Rights of Victims and Transitional Justice
A. The Rights of Victims During Criminal Processes
B. The Rights of Victims During Internal Armed Conflict
C. The Peace Process with Guerrilla Groups
Chapter 8: The Rights of Indigenous Peoples
A. Conflicts between the Rights of Indigenous Communities and their Members
1. Non-Traditional Criminal Punishment
2. Religious Conflict and Diversity
3. Cultural Practices and the Rights of Children
B. Diversity and Political Representation
C. The Right to Prior Consultation
1. Consultation on Projects Exploiting Natural Resources
2. Consultation on Government Programs
3. Consultation on Congressional Laws
Part III: The Separation of Powers
Chapter 9: The President: Problems of Executive Overreach
A. Limiting Executive Discretion
B. The Separation of Powers and National Security
C. States of Exception
1. Review of the Declaration of State of Internal Commotion
2. Review of Decrees issued during a State of Internal Commotion
Chapter 10: The Congress: Problems of Abdication and Deliberation
A. The Scope of Parliamentary Inviolability
B. Legislative Delegation to the Executive
C. Legislative Deliberation & Procedure
Part IV: Constitutional Change
Chapter 11: Constitutional Amendment and the Substitution of the Constitution Doctrine
A. Procedural Review of Constitutional Amendments
B. Control of Constitutional Reform via Referendum
C. The Substitution of the Constitution Doctrine
1. The First Reelection Decision
2. The Second Reelection Decision
3. The Fiscal Sustainability Amendment
Appendix 1: The Orders of the Constitutional Court
1. The Conditional Decision
2. The Deferred Decision
3. The Integrative Decision
B. The Tutela
1. Structural Orders
2. Inter comunis or inter pares effects
3. The State of Unconstitutional Affairs Doctrine
Appendix 2: The Constitution of Colombia (1991) (selected provisions)
Index

你可能需要


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: ￥497.55

￥482.62 Save ￥14.93 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): ￥3,161.07


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: ￥1,283.40

￥1,244.90 Save ￥38.50 (3%)


Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book): List Price: ￥3,255.00

￥3,157.35 Save ￥97.65 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: ￥3,329.40

￥3,229.52 Save ￥99.88 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: ￥2,120.40

￥2,056.79 Save ￥63.61 (3%)


Butterworths Hong Kong Company Law Handbook, 26th Edition: List Price: ￥4,092.00

￥3,969.24 Save ￥122.76 (3%)


Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition: List Price: ￥1,934.40

￥1,876.37 Save ￥58.03 (3%)


Clough & Clough on Personal Injuries: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: ￥2,325.00

￥2,255.25 Save ￥69.75 (3%)


Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book): List Price: ￥2,974.14

￥2,884.92 Save ￥89.22 (3%)


Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book): List Price: ￥2,643.99

￥2,564.67 Save ￥79.32 (3%)


Hong Kong Company Law, 15th Edition: List Price: ￥457.56

￥443.83 Save ￥13.73 (3%)


Private Equity in Hong Kong and China, 4th Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Hong Kong Family Court Practice, 4th Edition: List Price: ￥2,511.00

￥2,435.67 Save ￥75.33 (3%)


Brooke's Notary Hong Kong, 3rd Edition: List Price: ￥1,581.00

￥1,533.57 Save ￥47.43 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

所有书籍

Colombian Constitutional Law: Leading Cases

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

所有书籍

Colombian Constitutional Law: Leading Cases

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

video title