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  • CHAPTER FIVE - Legal Embedding

  • Whitney K. Taylor, San Francisco State University
  • Book:
    The Social Constitution
    Published online:
    15 June 2023
    Print publication:
    29 June 2023, pp 96-120

  • Summary

    Chapter 5 explores legal embedding in Colombia. It tracks why and how Colombian judges – both at the Constitutional Court level and the lower court level – came to be receptive to the new constitutional order, especially claims through the tutela procedure, even when those claims appeared to be beyond its formal scope. The combination of repeated exposure to particular kinds of legal claims in the formal legal sphere and exposure to the problems those claims implicate in everyday life seems to drive judicial receptivity. Judges are particularly receptive to claims when they interpret them as consonant with contemporary socio-legal values.