Abstract

PENA PORRAS, DIEGO ISAÍAS. Slums, Constitutional Turn and Judicial Activism in Colombia. Rev. Derecho Estado [online]. 2022, n.53, pp.135-166.  Epub Jan 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n53.05.

The article presents an analysis of the legal tension caused by informal urbanization in relation to property and housing rights in Colombia. Around this dispute, I describe the way in which the constitutional jurisdiction has responded to the phenomenon. The article suggests that judges face a difficult situation in these events derived from the absence of an effective public housing policy for lower-income sectors. This situation has led to a constitutional judicial activism materialized in strong and excessive judicial interventions over the government or decisions that delay the effective fulfillment of constitutional rights. In contrast, decisions that contribute to finding structural solutions seem absent.

Keywords : Housing rights; property rights; slums; judicial activism.

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