Constitutional Origin and Norm Creation in Colombia: Discursive Institutionalism and the Empowerment of the Constitutional Court

The book explores the growing empowerment of the Colombian Constitutional Court in the early 21st century and develops the concept of the deliberative judge. It challenges the notion of rational choice institutionalism and argues that judicial independence promotes deliberative democracy over strategic action approaches. It suggests that by introducing communicative and cognitive variables, we can bridge institutional origin and legacy.

Format: Paperback / softback
Length: 272 pages
Publication date: 29 January 2024
Publisher: Taylor & Francis Ltd

The Colombian Constitutional Court's increasing influence in the early 21st century is explored in this book, which also introduces the idea of the deliberative judge. Neoinstitutional theory is used to explain the connection between political crisis and institutional reforms, and the book contests the idea of rational choice institutionalism by showing how agents act strategically. It emphasizes the constraints of path dependence and contends that discursive institutionalism is the best way to study institutional learning processes. Combining theoretical and empirical research, the book makes the case that judicial independence supports the case for deliberative democracy over rational choice or strategic action approaches. Finally, the book proposes that by incorporating communicative and cognitive variables into our understanding of key actors and processes, we can better bridge institutional origins and legacies.

This book will be an essential resource for scholars, researchers, and policymakers in constitutional law, constitutional politics, and constitutional history. It provides a comprehensive analysis of the Colombian Constitutional Court's role in shaping the country's legal and political landscape and offers valuable insights into the dynamics of institutional change and learning.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032134581