The Colombian Model of Structural Socio-economic Rights Remedies
This chapter offers an empirical analysis of the Colombian Constitutional Court's experience with structural injunctions, which is one of its greatest and most distinctive achievements. It argues that the approach towards socio-economic rights adjudication should be assertive, while avoiding the complete encroachment on the legislative and executive branches. The influence of political context and cost highlights a key point: the Colombian model should best be viewed as an invitation for further development and guided experimentation, rather than as a fixed formula for success. The chapter then argues that the Colombian Court should seek ways to develop different types of monitoring mechanisms that are less expensive and that respond to variations in political context. Constitutional experimentalism is the key to this approach. Economic and institutional constraints should be considered when deciding how courts should intervene to secure socio-economic rights.