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5 Constitutional History of the Colombian Paradox (1886–2016): Hegemony, Exception, and Postponement
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52.1 Introduction 52.1 Introduction
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52.2 Transformative Justice and the Role of Remedies 52.2 Transformative Justice and the Role of Remedies
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52.3 Grappling with Threats 52.3 Grappling with Threats
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52.4 Conclusion 52.4 Conclusion
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52 A View from Western Europe
Get accessMichaela Hailbronner, Professor and Chair of Public Law and Human Rights, University of Giessen.
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Published:13 January 2022
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Abstract
Latin American and European lawyers share many things: a civil law tradition; past experience with authoritarianism and massive human rights violations; an activist approach to adjudication taken by many contemporary Latin American and European tribunals; and a commitment to supra-national legal integration. However, Latin American constitutionalism also looks incredibly different to Western European eyes. For instance, it represents a constitutionalism confronted on a near-daily basis with high levels of poverty and political violence, grappling not infrequently with the challenge how to address populist or even authoritarian regimes. This chapter addresses European and Latin American conceptions of law in the context of addressing structural problems, focusing on the role of judicial remedies. It then connects this with some first thoughts on what kind of questions and issues seem worth exploring when asking how lawyers might confront populism in Europe and Latin America
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