The Oxford Handbook of Constitutional Law in Latin America
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 January 2022
- ISBN 9780198786900
- Binding Hardback
- No. of pages976 pages
- Size 253x178x50 mm
- Weight 1636 g
- Language English 330
Categories
Short description:
This Oxford Handbook details the constitutions and constitutional history of Latin America, providing comparative analysis of the prevailing institutional models and major themes in the region's constitutionalism.
MoreLong description:
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.
Table of Contents:
Part I Constitutions
Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
Cuba
Ecuador
Mexico
Paraguay
Peru
Uruguay
Venezuela
Part II Constitutional Controversies
A. Comparing Constitutions in Latin America
Latin American Constitutional Traditions
Participatory Constitution-Making in Latin America: Consequences for Institutional Design
Authoritarian Constitutionalism
Latin American New Constitutionalism
Foreign Capital and Constitutions
B. Institutions
Presidentialism and Hyper-Presidentialism
Elections
Courts and Judicial Independence
Courts and Judicial Manipulation
Judicialization of Politics
Strategic Litigation and Social Change
Access to Justice
Federalist and Unitary States
Local Government
Constitutions and Public Policies
Constitutions and Foreign Affairs
Constitutions and International Law
C. Rights
Proportionality and Balancing
Property and Land
Freedom of expression
Privacy
Right to Information and Transparency
Immigration and Citizenship
Political Participation and Democratic Innovation
Due Process
Prisoners Rights
Equality
Sex Equality
Race Discrimination
Social Rights
The Right to Health
Environment
Abortion
Multicultural Constitutions
Part III Comparative Viewpoints
A View from South Africa
Judicial Independence in Latin America: A View from Asia
Latin American Constitutionalism: A US Perspective
A View from Northern Europe
A View from Western Europe
Latin America: The Shifting Constitutional Continenta
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