Transformative Constitutionalism in Latin America
The Emergence of a New Ius Commune
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Product details:
- Publisher OUP Oxford
- Date of Publication 22 June 2017
- ISBN 9780198795919
- Binding Hardback
- No. of pages564 pages
- Size 252x179x30 mm
- Weight 1006 g
- Language English 0
Categories
Short description:
Written by leading commentators on Latin American jurisprudence, this collection provides an introduction to the recent developments in constitutional law and human rights law that have transformed Latin American politics. It proposes a cutting-edge methodological framework for conceptualizing legal change and its impact on societies.
MoreLong description:
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.
This is a book addressed to inform the world about new scholarly and legal developments in Latin America. An invitation to model scholarship, political and judicial practise.
Table of Contents:
INTRODUCTION
Ius Constitutionale Commune in América Latina: A Regional Approach to Transformative Constitutionalism
PART I: FRAMEWORK
Ius Constitutionale Commune in América Latina: A Conceptual Clarification
Ius Constitutionale Commune in América Latina: Context, Challenges, and Perspectives
The Struggle for Rights and the Ius Constitutionale Commune
A Multidimensional Approach to Equality in the Inter-American Context: Redistribution, Recognition, and Participatory Parity
Transformative Constitutionalism and the Global South: The View from South Africa
Preserving the Acquis of Transformative Constitutionalism in Times of Constitutional Crisis: Lessons from the Hungarian Case
PART II: THE DOMESTIC ELEMENT
The Mexican Constitution of 1917: An Early Example of Transformative Constitutionalism
The Amparo as an Instrument of Ius Constitutionale Commune
The Presidential System in Latin America: A Hallmark and Challenge to a Latin American Ius Constitutionale Commune
The ?New Latin American Constitutionalism?: Old Wine in New Skins
The Block of Constitutionality as the Doctrinal Pivot of a Ius Commune
Inter-Americanization: Its Legal Bases and Political Impact
PART III: THE INTER-AMERICAN ELEMENT
The Inter-American System of Human Rights: Essential Features
The American Human Rights Navigation: Toward a Ius Commune
The Conventionality Control as a Core Mechanism of the Ius Constitutionale Commune
The Transformative Dimension of Inter-American Jurisprudence
The Impact of Inter-American Judgments by Institutional Empowerment
The Added Value of the Inter-American Human Rights System: Comparative Thoughts
