El problema del procesamiento de información en la selección de tutelas por la Corte Constitucional, con especial atención al papel de las insistencias

Abstract

This paper, in contrast to mainstream judicial politics literature in the United States and Latin America, proposes an approach to study judicial behavior that takes into account the problem of information processing. From this perspective the authors provide an account of the process of agenda setting through the selection of tutelas by the Colombian Constitutional Court. The authors conclude that the processing of information concerning tutelas by the Court prevents learning by assigning the first reading and selection of cases to very young and inexperienced clerks, by failing to study systematically the results of different approaches to the issues and and by denying Justices and clerks access to information about other justices’ and officials’ opinions as well as on who will decide the case after it is chosen for review. The insistence mechanism partially corrects these defects.