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Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune

Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune

          
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About the Book

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.

Table of Contents:
INTRODUCTION 1: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, and Ximena Soley: Ius Constitutionale Commune in América Latina: A Regional Approach to Transformative Constitutionalism PART I: FRAMEWORK 2: Armin von Bogdandy: Ius Constitutionale Commune in América Latina: A Conceptual Clarification 3: Flávia Piovesan: Ius Constitutionale Commune in América Latina: Context, Challenges, and Perspectives 4: Pedro Salazar Ugarte: The Struggle for Rights and the Ius Constitutionale Commune 5: Martín Aldao, Laura Clérico, and Liliana Ronconi: A Multidimensional Approach to Equality in the Inter-American Context: Redistribution, Recognition, and Participatory Parity 6: James Fowkes: Transformative Constitutionalism and the Global South: The View from South Africa 7: Pál Sonnevend: Preserving the Acquis of Transformative Constitutionalism in Times of Constitutional Crisis: Lessons from the Hungarian Case PART II: THE DOMESTIC ELEMENT 8: Rainer Grote: The Mexican Constitution of 1917: An Early Example of Transformative Constitutionalism 9: Allan Brewer Carías: The Amparo as an Instrument of Ius Constitutionale Commune 10: Diego Valadés: The Presidential System in Latin America: A Hallmark and Challenge to a Latin American Ius Constitutionale Commune 11: Roberto Gargarella: The


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Product Details
  • ISBN-13: 9780198795919
  • Publisher: Oxford University Press
  • Publisher Imprint: Oxford University Press
  • Height: 252 mm
  • No of Pages: 564
  • Spine Width: 31 mm
  • Weight: 1006 gr
  • ISBN-10: 0198795912
  • Publisher Date: 22 Jun 2017
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Sub Title: The Emergence of a New Ius Commune
  • Width: 179 mm


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