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7 - Implementing Environmental Constitutionalism in Colombia

Tensions between Public Policy and Decisions of the Constitutional Court

from Part II - Geographies of Implementation

Published online by Cambridge University Press:  02 November 2018

Erin Daly
Affiliation:
Widener University School of Law, Delaware
James R. May
Affiliation:
Widener University School of Law, Delaware
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Summary

This chapter examines how the Colombian Constitutional Court has implemented environmental constitutionalism, including by creating arenas for effective participation (including ‘popular consultations’ on mining development), effectuating public policy established in the constitution (including those promoting human dignity), recognizing novel causes of action (including rights of nature and future generations), and enforcing orders to protect the environment (including from extraction). This chapter elucidates impediments to implementation in Colombia, including that the country’s economic model is extraction-based and business-friendly, subject to incipient corruption, and recovering (along with the natural environment) from long-running armed conflict.
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Implementing Environmental Constitutionalism
Current Global Challenges
, pp. 143 - 158
Publisher: Cambridge University Press
Print publication year: 2018

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