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Carrera 24 No. 34 - 61
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Bogotá, Colombia
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Op-EdsWikileaks in the Constitutional Court Judicial reform: Uribe compared to Santos Referee errors and law Santos and justice The justice of the new president
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Multimedia
Latin American Congress on Justice Reforms The Congress presented experiences from different Latin American countries that have had processes of justice reform. Exponents from Mexico, Argentina, Brazil, Colombia and others, presented how they have worked on reforms in their countries, both the successes and the difficulties. This Congress has carried out on occasion the launch of the book by Dejusticia “Justice for All”.
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PublicationsGuardianship against sentences Diana Guarnizo, Catalina Botero Marino, Mauricio García Villegas, Juan Fernando Jaramillo, Rodrigo Uprimny Yepes Guardianship against Sentences is at the center of the current legal and political debate. It is controversial because the ruling potentially aggravates the tensions between the Constitutional Court and the Supreme Court as it grants the Constitutional Court the opportunity to revise Supreme Court rulings. Those in favor of the abolishment of the Guardianship against Sentences propose the implementation of and extraordinary resort against the arbitrary rulings.
Justice for All? The judicial system, social rights and democracy in Colombia César Rodríguez Garavito, Mauricio García Villegas, Rodrigo Uprimny Yepes The objective of this book is to offer an explanation of the origin, content and effect of the recent transformations in justice. The authors also undertake the challenge of evaluating the policies of judicial reform that have been developing in Colombia and in Latin America over the last two decades.
The judicial control of the states of exception Rodrigo Uprimny Yepes, Mauricio García Villegas This article reviews the history of the Colombia Constitution and its exceptions. This article has six parts to support its thesis. It begins by presenting the general theoretical debate about the judicial control of the powers of exception. Then it briefly describes some characteristics of the legal and political systems to help understand the context in which the Constitutional Court works. Subsequently it analyzes the concrete form of work by the Court. Then it evaluates the benefits and risks of a judicial intervention on the precarious Colombian democracy. The text studies the effects it has on Colombian abuse of state exception and contracts the benefits, the costs and the risks of the control exercised by the Court, all which permit the defense with some reserves of the material control of the declaration of the States of exception exercised by the Court.
Courts and social change. How the Constitutional Court changed the forced displacement in Colombia César Rodríguez Garavito, Diana Rodríguez Franco What role do the courts play in a democracy? What kind of judicial interventions are required to promote public policies that effectively guarantee rights and encourage social change? This book answers these and other questions, parting from of one of the most important cases in comparative constitutionalism: the intervention of the Colombian Constitutional Court to protect the rights of victims of forced displacement. Based on interdisciplinary research, the authors offer a new analytical framework and study the effects of the decision of the Court (T-025 of 2004) and the dynamic monitoring process that has taken place since then.
Diana Esther Guzmán Rodríguez, Rodrigo Uprimny Yepes A tribute in their International Day would be going against the impunity of sexual violence in armed conflict.
Mauricio García Villegas This book is the outcome of a research made in Colombia between 2005 and 2007 on judges working in armed conflict zones in Colombia. Three zones were studied: The Putumayo, in the south of Colombia; The Uraba, in the northwest and Sur de Bolivar in the central north of Colombia. More than 30 in depth interview were carried out. The information obtained in these interviews was confronted to statistical information on judge’s work, collected form official institutions.
Successful Experiences of the Fight against Impunity Diana Esther Guzmán Rodríguez, Rodrigo Uprimny Yepes Impunity is a phenomenon which has a double complexity. On the one hand, it has different meanings and dimensions. On the other, multiple factors causes it, and sometimes they are difficult to identify. It is important to remember that traditionally impunity is associated with the lack of individualization and determination of the responsibility of that who committed the offense and in consequence the lack of a penal process. However, it is possible to distinguish various forms of impunity: civil, social, and a last one that has had an important development which is impunity for human rights violations.
Should Courts enforce social rights? The Experience of the Colombian Constitutional Court Rodrigo Uprimny Yepes The debate about the convenience of the judicial enforcement of social rights2 is one of the major issues that theories of law and democracy are facing today. It is a very difficult discussion, because there are strong arguments in favor of both positive and negative answers. While some argue that social rights must be judicially protected or else they are not real rights, others fear this protection will unavoidably drive to an antidemocratic government by judges.
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