This book aims to introduce readers to Colombian constitutional law through the case
law of the Colombian Constitutional Court. Since its creation as part of the Colombian
Constitution of 1991, the Court has become known for its work across a number of different
domains covered in this volume, both on global topics such as same- sex marriage, abortion,
and the defense of socioeconomic rights, and more particular issues such as the protection
of indigenous cultural diversity and autonomy, the rights of victims of the country’s brutal
and long- running internal armed conflict, and the striking down of constitutional amendments
on the grounds that they replace rather than truly amend core parts of the existing
constitutional text. The Court’s case law is a prime example of transformative constitutionalism
aiming to overcome entrenched economic and social inequalities. And it has exercised
a significant impact on the political order, perhaps most prominently in the decision
striking down a proposed constitutional amendment that would have allowed the popular
President Alvaro Uribe to exercise a third consecutive term in office.
Yet the Court’s decisions have largely been unavailable to non- Spanish speakers
because very few decisions have been translated. This volume aims to fill that gap by providing
lucid and succinct translations of the Court’s most significant decisions in these
and other areas. As these decisions are often hundreds of pages long and contain many
pages recounting procedural history, the positions of intervenors, and other issues, we have
focused on providing those extracts that contain the core of the reasoning and will be most
useful to comparative constitutional lawyers. We have not aimed to be fully comprehensive
(an impossible task at any rate) but rather have focused on those issues likely to be of greatest
interest to the field because they show the Court wrestling with common problems in
particular ways, demonstrate noteworthy doctrinal innovation, or highlight judicial intervention
on undertheorized but significant issues.