Comparative Constitutional Law in Latin America

✍ Scribed by Rosalind Dixon (editor), Tom Ginsburg (editor)

• Publisher: Edward Elgar Publishing Ltd
• Year: 2017
• Tongue: English
• Leaves: 386
• Category: Library

✦ Synopsis

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. This book presents new perspectives on recurrent topics and debates that enrich comparative constitutional law in other regions of the world, both in the Global South and the Global North. The fine-tuned, in-depth approach of the contributors brings rigorous scholarship to this institutionally diverse and significant region, illuminating the under-explored relationship between constitutionalism, politics, ideology and leadership. This unique and challenging study will prove to be an indispensable tool, not only for academics interested in Latin America but for comparative constitutional law scholars across the globe.

✦ Table of Contents

[doi 10.4337_9781785369216] Dixon, Rosalind; Ginsburg, Tom -- Comparative Constitutional Law in Latin America __
Front Matter
Copyright
Contents
Contributors
Foreword
1. Comparative constitutional law in Latin America: an introduction
2. Constitution making and constitutionalism in Latin America: the role of procedural rules
3. Constitution making and constituent power
4. A critical mapping of transitional justice in Latin America
5. Constitutional revolution in the Andes?
6. The new “Bolivarian” Constitutions: a textual analysis
7. Looking beyond the Constitution: the social and ecological function of property
8. Equality
9. Modes of disestablishment in Latin America
10. Judicial role and the limits of constitutional convergence in Latin America
11. Ambitious constitutions: prominent courts
12. Between power and submissiveness: constitutional adjudication in Latin America
13. The institutional limits of Inter-American constitutionalism
14. The constitutional protection of economic and social rights in Latin America
15. The “economic constitutions” of Latin America: between free markets and socioeconomic rights
Index