Manuel Jose Cepeda-Espinoza
89 Texas L. Rev. 1699
In this transcript, a former justice of the Colombian Constitutional Court reflects on the court’s jurisprudence and offers a typology to categorize its decision making. He observes that Colombia is characterized by judicial independence, a tendency to decide cases on the structural level, and an active tutela system. Former Justice Cepeda-Espinoza also reflects on political constraints on judges, including the active economic “techno-bureaucracy.”
In the end, he suggests that the court’s decisions are best analyzed along a continuum which considers the level of systemic applicability of the court’s decision, how rights are protected, and how judges relate to public policies, among other considerations.