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Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0198795912
Category : History
Languages : en
Pages : 465
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Book 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 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: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0198795912
Category : History
Languages : en
Pages : 465
Get Book Here
Book 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 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: Katia Fach Gómez
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The most vulnerable collectives in Latin America are especially affected by the current shortcomings of formal state justice systems. It is therefore necessary to rely on national and international legal tools to facilitate the building of sounder justice systems in the region; that is, justice systems where informal justice mechanisms may bring about major advances in terms of rule of law, participation, social inclusion and equality, and which thus contribute to ICCAL's constant advancement. This study systematises the provisions in a significant number of Latin American constitutions and reveals the constitutional legislators' vision regarding the true extent of the 'access to justice' notion. References to arbitration as an individual right, express mentions of other ADR mechanisms such as mediation and conciliation, and the recognition of indigenous justice outline a constitutional collage of legal pluralism in the region. In short, Latin American constitutions have been aware that broader and less adversarial pathways to justice may reinforce the rule of law and promote social inclusion for the most disadvantaged. This chapter focuses on detailing the main benefits of informal justice mechanisms, including indigenous justice in Latin America; and it also outlines their main barriers and drawbacks. It thus explores United Nations Sustainable Development Goal 16, which seeks to provide access to justice for all. There is a general critical approach to the way in which indicators related to this goal have been implemented, and more specifically, of the relatively little attention paid to informal civil justice and the scant quantitative information currently available on indicators such as 16.3.3. This type of evidence brings to the surface the underlying fear that ensuring equal access to justice for all may continue to be a chimera in Latin America far beyond 2030. The chapter, however, reveals that there is still a hopeful path and focuses on a series of well-thought-out reports advocating for the implementation of a more ambitious SDG 16+. Their approach shifts the focus to each citizen's needs, emphasising the importance of informal mechanisms of justice. These reports also highlight that not only is the cost of legally empowering society, especially the most disadvantaged groups, very low, but it would also entail an inherent reduction in the currently high social costs stemming from unresolved legal problems. The chapter therefore argues for increased public and private investment in the formal and informal justice fields, for the promotion and use of new technologies in the field of access to justice, and for a mindset of change with the aim of achieving a people-driven and effective universal access to justice in Latin America that matches the ICCAL ́s objectives.
Author: Almut Schilling-Vacaflor
Publisher: Routledge
ISBN: 131708862X
Category : Political Science
Languages : en
Pages : 447
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Book Description
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: Richard Albert
Publisher: Bloomsbury Publishing
ISBN: 1509923527
Category : Law
Languages : en
Pages : 304
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Book Description
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: Julieta Lobato
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article examines the potential of transformative constitutionalism for reshaping labour law in Latin America. While traditionally labour law scholarship has been skeptical of courts ́ ability to protect labour rights, recent years have witnessed a return to examining constitutions and the role of courts in the field. The article introduces the concept of “Transformative Labour Law in Latin America,” which seeks to reintroduce the struggles between labour and capital into a legal discourse that can address the challenges faced by labour regulation in the region. By employing a methodology that combines constitutional theory and socio-legal literature, the article highlights the productive interactions between social processes and legal provisions. The article is organized into five sections, beginning with an introduction that provides context for the study (I). Subsequent sections examine key features characterizing Latin American labour markets and identify challenges facing labour law (II), introduce transformative constitutionalism in Latin America as a conceptual framework for analyzing labour-capital relations through the law (III), and outline the key components of transformative labour law in the region (IV) before concluding with final remarks (V).
Author: Boaventura de Sousa Santos
Publisher: Taylor & Francis
ISBN: 1000914097
Category : Political Science
Languages : en
Pages : 355
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Book Description
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.
Author: Philipp Dann
Publisher: Oxford University Press
ISBN: 0192590758
Category : Law
Languages : en
Pages : 321
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Book Description
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.
Author: Johanna Fröhlich
Publisher: Bloomsbury Publishing
ISBN: 150996018X
Category : Law
Languages : en
Pages : 615
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Book Description
This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
ISBN: 1785369210
Category : Law
Languages : en
Pages : 387
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Book Description
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: Sandra Liebenberg
Publisher: Juta and Company Ltd
ISBN: 9780702184802
Category : Business & Economics
Languages : en
Pages : 572
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Book Description
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.
