Via Inveniendi Et Iudicandi (Apr 2018)

The regulation of participation. The case of prior consultation in Colombia, Peru and Chile

  • Robinson Sánchez Tamayo

DOI
https://doi.org/10.15332/s1909-0528.2018.0001.03
Journal volume & issue
Vol. 13, no. 1
pp. 95 – 118

Abstract

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The tension between neoliberalism and human rights in Latin America has served as a broth of crops of new categories of analysis such as the concept of constitutional regulatory state, that arises in a context of economic development focused on the production of materials bonuses and the constitutional consolidation of a discourse of rights, in which the courts constitutional have assumed an important role. This document explains how to has developed this process in the regulation of prior consultation in Colombia, Peru and Chile, to demonstrate the permanent interaction between branches of public power, especially those cuts, and discourse of rights with that of regulation based on efficiency.

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