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CHAPTER SEVEN - Challenges to Embedding

Power Struggles

Published online by Cambridge University Press:  15 June 2023

Whitney K. Taylor
Affiliation:
San Francisco State University
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Summary

Chapter 7 focuses on overt, political efforts to confront social constitutionalism and unravel rights protections. Following the introduction of the 1991 Constitution, established elites within the judiciary, the executive, and the legislature bristled at the changing political and legal landscape. They attempted to stymie those changes in various ways, primarily seeking to disempower the newly created Constitutional Court and limit the newly created tutela procedure. The popularity of the Constitutional Court and the tutela procedure – and continued legal mobilization using the tutela procedure – however, meant that these efforts to dislodge social constitutionalism in Colombia failed.

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Chapter
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The Social Constitution
Embedding Social Rights Through Legal Mobilization
, pp. 144 - 163
Publisher: Cambridge University Press
Print publication year: 2023

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