Cultures of Legality: Judicialization and Political Activism by Javier Couso, Alexandra Huneeus, Rachel Sieder

By Javier Couso, Alexandra Huneeus, Rachel Sieder

Principles approximately legislation are present process dramatic switch in Latin the US. The consolidation of democracy because the fundamental kind of govt and the proliferation of transnational criminal tools have ushered in an period of recent criminal conceptions and practices. legislation has turn into a middle concentration of political events and policy-making. This quantity explores the altering felony principles and practices that accompany, reason, and are a final result of the judicialization of politics in Latin the USA. it's the made from a three-year overseas examine attempt, subsidized via the legislations and Society organization, the Latin American stories organization, and the Ford beginning, that collected best and rising students of Latin American courts from throughout disciplines and throughout continents.

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This writ is decided through an expeditious procedure: fi rst insta nce judges have ten da}s to decide, appeal j udges have twenty, and all judicial decisions are subject to a discretionary review by the constitutional court. Although the constitution does not expl icitly classify righ ts, the most widespread understanding in th e legal profession at th e time was that only certain civil and pol itical rights were fundamental. Social rights, then, were defi nitely not regarded as fundament-d l, and thus, they were arguably excluded from any form of protection through tutela.

Although social rights were adjudicated using the concept of minimo vital throughout this whole period, the meaning of th is concept cha nged significantly. " With regard to the change in the types of subjects being protected, the CCC went from protecting individuals structurally marginal ized from the market and other mecha n isms of d istribution of goods and services, to a protection of particula rly vulnerable social groups and then to a general protection of the m iddle classes. Finally, the types of cases changed from being exceptional, factual1y complex (and usually dramatic) situations in which the lack of certa in goods or services enta iled an imm inent risk to l ife and l imb, to a broader array of everyday circumstances in wh ich a specific act or omission al1egedly affected the d ignity and equal ity of individuals.

Th ird, one would expect that any eventual judicial responsiveness to the contestation oflegal meanings during a time of crisis should produce social change. N o netheless, as we w ill see, the Colombian case defies these three expected outcomes. The Unit ofAnalysis Traditjonal studies of jud icial behavior regard patterns of court decisions or individ­ ual votes as outcomes that can be expla ined by relating them to a series of potential i ndependent variables, ma inly, social, economic, and pol itical factors presumably l inked to judicial atti tudes toward specific problems.

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