New Constitutionalism In Latin America

Author : Almut Schilling-Vacaflor
Publisher : Routledge
Page : 447 pages
File Size : 44,6 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 : Detlef Nolte,Almut Schilling-Vacaflor
Publisher : Unknown
Page : 409 pages
File Size : 40,8 Mb
Release : 2012
Category : Constitutional law
ISBN : 131559790X

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New Constitutionalism in Latin America by Detlef Nolte,Almut Schilling-Vacaflor Pdf

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Publisher : Oxford University Press
Page : 448 pages
File Size : 43,9 Mb
Release : 2017-06-16
Category : Law
ISBN : 9780192515469

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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.

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan
Publisher : Oxford University Press
Page : 465 pages
File Size : 53,5 Mb
Release : 2017
Category : Law
ISBN : 9780198795919

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

Author : Colin Crawford,Daniel Bonilla Maldonado
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 50,7 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 : Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 52,9 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 : Cesar Rodriguez Garavito
Publisher : Routledge
Page : 324 pages
File Size : 54,7 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 : Rosalind Dixon,Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 48,7 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 : Roberto Gargarella
Publisher : Oxford University Press
Page : 298 pages
File Size : 46,7 Mb
Release : 2013-08-29
Category : History
ISBN : 9780199937967

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Latin American Constitutionalism,1810-2010 by Roberto Gargarella Pdf

This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

Author : Kenneth W. Thompson
Publisher : Unknown
Page : 208 pages
File Size : 43,5 Mb
Release : 1991
Category : Law
ISBN : UOM:39015028489550

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The U.S. Constitution and the Constitutions of Latin America by Kenneth W. Thompson Pdf

This volume addresses a long-neglected area in constitutional and international studies, Latin America. The book contains penetrating appraisals of the Spanish heritage as it influences Latin American constitutionalism and more recently American democracy. A distinguished historian, a Peruvian political scientist, three former U.S. ambassadors, a legal scholar, and a respected political theorist provide a thorough examination of the U.S. Constitution and the constitutions of Latin America in this well-written treatise. This book is the seventh volume in the Miller Center series on constitutionalism. Co-published with the Miller Center of Public Affairs.

Author : Juan F. Gonzalez-Bertomeu,Roberto Gargarella
Publisher : Routledge
Page : 270 pages
File Size : 53,8 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 : Inter-American Dialogue (Organization),Catalina Botero,Laura Chinchilla,Ana Covarrubis,Augusto de la Torre,Alain Ize,Andrés Malamud,George Gray Molina,Robert Muggah
Publisher : Unknown
Page : 153 pages
File Size : 54,9 Mb
Release : 2019
Category : Cooperation
ISBN : 1733727612

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Promessas Não Cumpridas by Inter-American Dialogue (Organization),Catalina Botero,Laura Chinchilla,Ana Covarrubis,Augusto de la Torre,Alain Ize,Andrés Malamud,George Gray Molina,Robert Muggah Pdf

The volume takes a broad view of recent social, political, and economic developments in Latin America. It contains six essays, focused on salient and cross-cutting themes, that try to construct a thread or narrative about the highly diverse region, highlighting its main idiosyncrasies and analyzing where it might be headed in coming years. While the essays recognize considerable advances, they also point out setbacks and missed opportunities that have stood in the way of sustained progress. Strengthening state capacity emerges as a significant challenge.

Author : Manuel Eduardo Góngora Mera
Publisher : Manuel Eduardo Gongora-Mera
Page : 323 pages
File Size : 50,6 Mb
Release : 2011
Category : Law
ISBN : 9789968611671

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Inter-American Judicial Constitutionalism by Manuel Eduardo Góngora Mera Pdf

Author : Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi
Publisher : Oxford University Press
Page : 970 pages
File Size : 44,6 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 : Donna Lee Van Cott
Publisher : University of Pittsburgh Pre
Page : 361 pages
File Size : 54,9 Mb
Release : 2000-03-15
Category : Political Science
ISBN : 9780822972143

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The Friendly Liquidation of the Past by Donna Lee Van Cott Pdf

Based on interviews with more than 100 participants, Van Cott demonstrates how social issues were placed on the constitutional reform agenda and transformed into the nation’s highest law. She follows each reform for five years to assess early results of what she calls an emerging model of multicultural constitutionalism.