Courts, Strategic Litigation, and Social Change

Courts, Strategic Litigation, and Social Change

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Description

This chapter analyses the impact of institutional adjudication by focusing on the work of the Colombian Constitutional Court. Drawing on an extended case study of the implementation of Judgment T-025 of 2004 (T25) concerning internally displaced persons, it contributes to unpacking the black box of implementation and the impact of structural rulings on the fulfilment of socio-economic rights and social change more broadly. Methodologically, T25 constitutes what Goertz and Mahoney call a ‘substantively important case’, that is, ‘an ideal type or well-known exemplar of a phenomenon’, which offers insights into the workings of adjudication and strategic litigation in similar cases not only in Latin America, but also in other jurisdictions such as India and South Africa, whose apex courts have taken up structural cases.

Source Publication

The Oxford Handbook of Constitutional Law in Latin America

Source Editors/Authors

Conrado Hübner Mendes, Roberto Gargarella, Sebastián Guidi

Publication Date

2021

Courts, Strategic Litigation, and Social Change

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