The Oxford Handbook of Constitutional Law in Latin America
The Oxford Handbook of Constitutional Law in Latin America

Author: Conrado Hübner Mendes

Publisher: Oxford University Press

Published: 2022

Total Pages: 970

ISBN-13: 0198786905

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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.

The DNA of Constitutional Justice in Latin America
The DNA of Constitutional Justice in Latin America

Author: Daniel M. Brinks

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 281

ISBN-13: 1107178363

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

Comparative Constitutional Law in Latin America
Comparative Constitutional Law in Latin America

Author: Rosalind Dixon

Publisher: Edward Elgar Publishing

Published: 2017-06-30

Total Pages: 387

ISBN-13: 1785369210

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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.

Constitutional Protection of Human Rights in Latin America
Constitutional Protection of Human Rights in Latin America

Author: Allan R. Brewer-Carías

Publisher: Cambridge University Press

Published: 2009

Total Pages: 450

ISBN-13: 0521492025

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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.

Transformative Constitutionalism in Latin America
Transformative Constitutionalism in Latin America

Author: Armin von Bogdandy

Publisher: Oxford University Press

Published: 2017-06-16

Total Pages: 465

ISBN-13: 0192515462

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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.

New Constitutionalism in Latin America
New Constitutionalism in Latin America

Author: Almut Schilling-Vacaflor

Publisher: Routledge

Published: 2016-04-29

Total Pages: 436

ISBN-13: 1317088638

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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.

Latin American Constitutionalism,1810-2010
Latin American Constitutionalism,1810-2010

Author: Roberto Gargarella

Publisher:

Published: 2013-08-29

Total Pages: 298

ISBN-13: 0199937966

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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.

The Latin American Casebook
The Latin American Casebook

Author: Juan F. Gonzalez-Bertomeu

Publisher: Routledge

Published: 2016-04-20

Total Pages: 297

ISBN-13: 1317026209

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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 Global South and Comparative Constitutional Law
The Global South and Comparative Constitutional Law

Author: Philipp Dann

Publisher: Oxford University Press

Published: 2020-10-30

Total Pages: 321

ISBN-13: 0192590758

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This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

Comparative Constitutional Design
Comparative Constitutional Design

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2012-02-27

Total Pages: 407

ISBN-13: 1107020565

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Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.