Radical Deprivation on Trial

The Impact of Judicial Activism on Socioeconomic Rights in the Global South

César Rodríguez-Garavito, Diana Rodríguez-Franco

• Publisher: Cambridge University Press
• Year: 2015
• Print ISBN: 9781107078888
• eBook ISBN: 9781316405321
• Topic: Law
• Subtopic: Public Law
• Index: Law

This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over five million internally displaced people and its implementation process. Although the ruling (known as T25) was handed down in 2004, its monitoring process continues. This book traces the case's evolution from its origin to its effects on policy, politics and public opinion. It also compares the implementation and effects of T25 with those of other rulings on the rights to health, food, housing, and prison overcrowding in Colombia, India and South Africa. The study's insights will be of interest to scholars of comparative constitutionalism in Latin America, Africa and Asia.

Table of contents

• Cover
• Half-title page
• Series page
• Title page
• Copyright page
• Contents
• Acknowledgments
• Abbreviations
• Part I Studying Impact: Activist Courts Addressing Radical Deprivation
• Part II Direct, Indirect, Material, and Symbolic Effects
• Part III Dialogic Judicial Activism in Comparative Perspective
• References
• Index