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The Rise of the Regulatory State of the SouthInfrastructure and Development in Emerging Economies$
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Navroz K. Dubash and Bronwen Morgan

Print publication date: 2013

Print ISBN-13: 9780199677160

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677160.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 November 2020

Global Water Governance and the Rise of the Constitutional Regulatory State in Colombia

Global Water Governance and the Rise of the Constitutional Regulatory State in Colombia

Chapter:
(p.26) (p.27) 2 Global Water Governance and the Rise of the Constitutional Regulatory State in Colombia
Source:
The Rise of the Regulatory State of the South
Author(s):

René Urueña

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677160.003.0002

This chapter examines water supply regulation in Colombia. It begins with an overview of the political and institutional landscape in Colombia. It then explores the emergence of water supply as a global issue and explains the central traits of global water governance (GWG). Next, it considers the specific mechanisms through which GWG is implemented in Colombia, factoring in the notion of the ‘constitutional regulatory state’, where the mindset of efficiency-based regulation is balanced by a human rights discourse, represented in this country by the Constitutional Court. Finally, two specific instances of the practice of the constitutional regulatory state are explored. First, the Constitutional Court's interpretation of ‘efficiency’ is used to analyse the role of the regulatory mindset in the Court' s reasoning. Second, the debate on the human right to water is used to explore the impact of neoconstitutionalism on the regulator.

Keywords:   water supply, constitutional regulatory state, Constitutional Court, efficiency, human rights, neoconstitutionalism

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