Abstract

CANO BLANDON, LUISA FERNANDA. The Limits of Dialogical Justice in the Protection of Social Rights in Colombia. Rev. Derecho Estado [online]. 2021, n.49, pp.131-158.  Epub Oct 04, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n49.08.

The article has the purpose of analyzing the limits of dialogic justice that, in recent years, have been implemented by the constitutional courts, such as the Colombian Constitutional Court, to protect social rights, mainly in structural cases, that is, those that imply the systematic violation of social rights to an important group and whose solution needs the design and implementation of public policies. To do this, the text explains democratic experimentalism and experimental governance and uses examples of Colombian constitutional jurisprudence to show the limits of this type of decisions and possible alternatives to answer them. Finally, it defends a hybrid and contextualized judicial guarantee of social rights, in order to complement dialogical orders with other types of measures to effectively protect the rights.

Keywords : Dialogic justice; Constitutional Court; experimentalism; social rights; public policies.

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