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This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.
This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years
Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.
This volume addresses a long-neglected area in constitutional and international studies, Latin America. The book contains penetrating appraisals of the Spanish heritage as it influences Latin American constitutionalism and more recently American democracy. A distinguished historian, a Peruvian political scientist, three former U.S. ambassadors, a legal scholar, and a respected political theorist provide a thorough examination of the U.S. Constitution and the constitutions of Latin America in this well-written treatise. This book is the seventh volume in the Miller Center series on constitutionalism. Co-published with the Miller Center of Public Affairs.
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.
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.
"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."--Bloomsbury Publishing.