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CHAPTER FIVE - Legal Embedding

Published online by Cambridge University Press:  15 June 2023

Whitney K. Taylor
Affiliation:
San Francisco State University
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Summary

Chapter 5 explores legal embedding in Colombia. It tracks why and how Colombian judges – both at the Constitutional Court level and the lower court level – came to be receptive to the new constitutional order, especially claims through the tutela procedure, even when those claims appeared to be beyond its formal scope. The combination of repeated exposure to particular kinds of legal claims in the formal legal sphere and exposure to the problems those claims implicate in everyday life seems to drive judicial receptivity. Judges are particularly receptive to claims when they interpret them as consonant with contemporary socio-legal values.

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The Social Constitution
Embedding Social Rights Through Legal Mobilization
, pp. 96 - 120
Publisher: Cambridge University Press
Print publication year: 2023

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  • Legal Embedding
  • Whitney K. Taylor, San Francisco State University
  • Book: The Social Constitution
  • Online publication: 15 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009367738.005
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  • Legal Embedding
  • Whitney K. Taylor, San Francisco State University
  • Book: The Social Constitution
  • Online publication: 15 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009367738.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Legal Embedding
  • Whitney K. Taylor, San Francisco State University
  • Book: The Social Constitution
  • Online publication: 15 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009367738.005
Available formats
×