The Colombian Constitutional Court versus the International Monetary Fund : economic reforms, social rights and sovereigntyThe Colombian Constitutional Court versus the International Monetary Fund : economic reforms, social rights and sovereignty
Lizarazo Rodriguez, Liliana
Faculty of Law
2007Stockholm :Instituto de Estudios Ibero-Americanos, 2007
Ibero-americana : Nordic journal of Latin American studies / Scandinavian Committee for Research on Latin America; Nordic Association for Research on Latin America. - Stockholm, 1971, currens
One of the implications of the process of globalization concerns the diffusion of regulatory competences across governance levels and across state borders. New regulating actors have appeared on the scene, both externally (e.g. IMF, WTO) and internally (e.g. constitutional courts, mixed private-public entities). Especially in developing countries, the regulatory autonomy of the traditional actors (governments and parliaments) has further weakened and reaches sometimes worrying low levels. This paper presents a case study of Colombia and builds further on an ongoing debate on the compatibility between the Intel-nationalization of the economy and macro-economic stability, on the one hand, and the recognition of the economic and social rights as fundamental rights, on the other, and on the implications of the growing complexity of the economic reality for constitutional case law with economic effects (Clavijo, 2001, 2004; Kugler and Rosenthal, 2005; Kalmanovitz, 2001, 2002; Uprimny, 2000, 2001, 2002; Alesina, 2002).