Comparative Constitutional Law In Latin America

Author : Rosalind Dixon,Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 40,7 Mb
Release : 2017-06-30
Category : Electronic
ISBN : 9781785369216

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Comparative Constitutional Law in Latin America by Rosalind Dixon,Tom Ginsburg Pdf

This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

Author : Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi
Publisher : Oxford University Press
Page : 960 pages
File Size : 42,7 Mb
Release : 2021-12-25
Category : Law
ISBN : 9780191090585

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The Oxford Handbook of Constitutional Law in Latin America by Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi Pdf

Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.

Author : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press, USA
Page : 321 pages
File Size : 47,9 Mb
Release : 2020-10-29
Category : Law
ISBN : 9780198850403

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The Global South and Comparative Constitutional Law by Philipp Dann,Michael Riegner,Maxim Bönnemann Pdf

Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This book fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.

Author : Colin Crawford,Daniel Bonilla Maldonado
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 41,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781788113335

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Constitutionalism in the Americas by Colin Crawford,Daniel Bonilla Maldonado Pdf

Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.

Author : Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi
Publisher : Oxford University Press
Page : 970 pages
File Size : 46,7 Mb
Release : 2022
Category : Law
ISBN : 9780198786900

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The Oxford Handbook of Constitutional Law in Latin America by Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi Pdf

Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.

Author : Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 55,7 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781509923526

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Constitutional Change and Transformation in Latin America by Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo Pdf

Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.

Author : Allan R. Brewer-Carías
Publisher : Cambridge University Press
Page : 450 pages
File Size : 52,6 Mb
Release : 2014-01-02
Category : Political Science
ISBN : 1107677939

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Constitutional Protection of Human Rights in Latin America by Allan R. Brewer-Carías Pdf

Together with the expansive process of human rights constitutional declarations, in addition to the writ of habeas corpus and of habeas data, Latin American constitutions created a specific judicial remedy for the protection of constitutional rights, known as the suit, action, recourse, or writ of amparo. After spreading throughout Latin America, it was incorporated in the American Convention of Human Rights. It is similar to the "injunctions" and the other equitable remedies of the United States legal system. This book examines, with a comparative constitutional law approach, the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It is an up-to-date abridged version of the course of lectures the author gave at the Columbia Law School analyzing the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.

Author : Allan-Randolph Brewer Carías
Publisher : Unknown
Page : 432 pages
File Size : 47,6 Mb
Release : 2009
Category : Amparo (Writ)
ISBN : 0511461879

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Constitutional Protection of Human Rights in Latin America by Allan-Randolph Brewer Carías Pdf

Author : Juan F. Gonzalez-Bertomeu,Roberto Gargarella
Publisher : Routledge
Page : 270 pages
File Size : 42,6 Mb
Release : 2016-04-20
Category : Law
ISBN : 9781317026204

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The Latin American Casebook by Juan F. Gonzalez-Bertomeu,Roberto Gargarella Pdf

Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Author : Cesar Rodriguez Garavito
Publisher : Routledge
Page : 324 pages
File Size : 40,6 Mb
Release : 2014-09-04
Category : Law
ISBN : 9781136002489

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Law and Society in Latin America by Cesar Rodriguez Garavito Pdf

Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

Author : Daniel M. Brinks,Abby Blass
Publisher : Cambridge University Press
Page : 281 pages
File Size : 44,7 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781107178366

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The DNA of Constitutional Justice in Latin America by Daniel M. Brinks,Abby Blass Pdf

Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.

Author : Almut Schilling-Vacaflor
Publisher : Routledge
Page : 447 pages
File Size : 54,6 Mb
Release : 2016-04-29
Category : Political Science
ISBN : 9781317088622

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New Constitutionalism in Latin America by Almut Schilling-Vacaflor Pdf

Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Author : Allan R. Brewer-Carías
Publisher : Cambridge University Press
Page : 450 pages
File Size : 46,7 Mb
Release : 2009
Category : Law
ISBN : 9780521492027

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Constitutional Protection of Human Rights in Latin America by Allan R. Brewer-Carías Pdf

This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.

Author : Francisca Pou-Giménez,Laura Clérico,Esteban Restrepo-Saldarriaga
Publisher : Cambridge University Press
Page : 353 pages
File Size : 40,7 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781009201773

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Proportionality and Transformation by Francisca Pou-Giménez,Laura Clérico,Esteban Restrepo-Saldarriaga Pdf

This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Publisher : Oxford University Press
Page : 448 pages
File Size : 44,5 Mb
Release : 2017-07-21
Category : Law
ISBN : 9780192515476

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Transformative Constitutionalism in Latin America by Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley Pdf

This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.