Transformative Constitutionalism In Latin America

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Transformative Constitutionalism in Latin America

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

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan
Publisher : Oxford University Press
Page : 465 pages
File Size : 40,8 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.

New Constitutionalism in Latin America

Almut Schilling-Vacaflor
New Constitutionalism in Latin America Book PDF

Author : Almut Schilling-Vacaflor
Publisher : Routledge
Page : 447 pages
File Size : 41,6 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.

New Constitutionalism in Latin America

Dr Almut Schilling-Vacaflor,Prof Dr Detlef Nolte
New Constitutionalism in Latin America Book PDF

Author : Dr Almut Schilling-Vacaflor,Prof Dr Detlef Nolte
Publisher : Ashgate Publishing, Ltd.
Page : 489 pages
File Size : 44,9 Mb
Release : 2012-10-28
Category : Political Science
ISBN : 9781409483502

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New Constitutionalism in Latin America by Dr Almut Schilling-Vacaflor,Prof Dr Detlef Nolte 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.

Constitutional Change and Transformation in Latin America

Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo
Constitutional Change and Transformation in Latin America Book PDF

Author : Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 55,5 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.

Decolonizing Constitutionalism

Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade
Decolonizing Constitutionalism Book PDF

Author : Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade
Publisher : Taylor & Francis
Page : 287 pages
File Size : 54,5 Mb
Release : 2023-07-31
Category : Political Science
ISBN : 9781000914139

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Decolonizing Constitutionalism by Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade Pdf

The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.

Comparative Constitutional Law in Latin America

Rosalind Dixon,Tom Ginsburg
Comparative Constitutional Law in Latin America Book PDF

Author : Rosalind Dixon,Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 49,9 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.

Constitutionalism in the Americas

Colin Crawford,Daniel Bonilla Maldonado
Constitutionalism in the Americas Book PDF

Author : Colin Crawford,Daniel Bonilla Maldonado
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 53,9 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.

The Global South and Comparative Constitutional Law

Philipp Dann,Michael Riegner,Maxim Bönnemann
The Global South and Comparative Constitutional Law Book PDF

Author : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press, USA
Page : 321 pages
File Size : 54,5 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.

The Latin American Casebook

Juan F. Gonzalez-Bertomeu,Roberto Gargarella
The Latin American Casebook Book PDF

Author : Juan F. Gonzalez-Bertomeu,Roberto Gargarella
Publisher : Routledge
Page : 270 pages
File Size : 50,5 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.

The Oxford Handbook of Constitutional Law in Latin America

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

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.

Symbolic Forms for a New Humanity

Drucilla Cornell,Kenneth Michael Panfilio
Symbolic Forms for a New Humanity Book PDF

Author : Drucilla Cornell,Kenneth Michael Panfilio
Publisher : Fordham Univ Press
Page : 219 pages
File Size : 50,9 Mb
Release : 2010
Category : Law
ISBN : 9780823232505

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Symbolic Forms for a New Humanity by Drucilla Cornell,Kenneth Michael Panfilio Pdf

It has become commonplace to write about the vociferous appetite of colonialism and its insatiable devouring of modern life. In this book the authors expand on those ideas, showing how there has been a colonization of critical theory itself, fitted with prejudices that would limit knowledge to analytic reductions commensurate with so-called Western metaphysics. Against such a monolithic force, the authors posit the work of the oft-neglected German Idealist Ernst Cassirer in careful textual precision to unearth his contribution to critical theory via an in-depth understanding of symbolic forms in all of their richness and complexity. Such a maneuver allows an ethical humanism to emerge that grants equal importance and standing both to the intellectual heritage of Afro-Caribbean historicism and poeticism and to the long-ignored significance of black philosophies of existence. Each of these traditions provide searing indictments against imperialist domination of the so-called Third World and return such questions of domination to the realm of critical theory against some who would deny that we are still in an age of imperialism. The focus of this book is an exposition on the human condition that is then expanded upon to raise, and at times answer, some of the most important questions of what is to be doneabout the global racism, sexism, and poverty that have asymmetrically infected the livelihoods and ways of life for so many people who have been rendered beneath the register of humanity.

Socio-economic Rights

Sandra Liebenberg
Socio economic Rights Book PDF

Author : Sandra Liebenberg
Publisher : Juta and Company Ltd
Page : 572 pages
File Size : 48,6 Mb
Release : 2010
Category : Basic needs
ISBN : 0702184802

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Socio-economic Rights by Sandra Liebenberg Pdf

Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.

Constitutionalism of the Global South

Daniel Bonilla Maldonado
Constitutionalism of the Global South Book PDF

Author : Daniel Bonilla Maldonado
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,8 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107067936

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Constitutionalism of the Global South by Daniel Bonilla Maldonado Pdf

The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.

Global Gender Constitutionalism and Women's Citizenship

Ruth Rubio-Marin
Global Gender Constitutionalism and Women s Citizenship Book PDF

Author : Ruth Rubio-Marin
Publisher : Cambridge University Press
Page : 405 pages
File Size : 52,9 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781316827581

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Global Gender Constitutionalism and Women's Citizenship by Ruth Rubio-Marin Pdf

Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.

Latin American Constitutionalism,1810-2010

Roberto Gargarella
Latin American Constitutionalism 1810 2010 Book PDF

Author : Roberto Gargarella
Publisher : Oxford University Press
Page : 298 pages
File Size : 43,7 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.