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  • CHAPTER SEVEN - Challenges to Embedding

  • Whitney K. Taylor, San Francisco State University
  • Book:
    The Social Constitution
    Published online:
    15 June 2023
    Print publication:
    29 June 2023, pp 144-163

  • 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.