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Constitutional Protection of Human Rights in Latin America

Constitutional Protection of Human Rights in Latin America
Author: Allan R. Brewer-Carías
Publisher: Cambridge University Press
Total Pages: 450
Release: 2009
Genre: Law
ISBN: 0521492025

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This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.


Challenges of Human Rights in Latin America

Challenges of Human Rights in Latin America
Author: César Landa
Publisher: Cambridge Scholars Publishing
Total Pages: 314
Release: 2018-11-07
Genre: Law
ISBN: 1527521036

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Latin America offers a democratic and constitutional process, with the goals to respect fundamental human rights and control the excess of power. Nevertheless, the weaknesses of the rule of law’s institutions does not guarantee for all citizens the protection of old and new rights. In this sense, the Inter-American Fundamental Rights Conference organized by the Inter-American Network on Fundamental Rights and Democracy (RED–IDD) is an annual meeting of professors and researchers from the different universities of Latin America, addressing topics of particular importance regarding the possibilities and challenges of the consolidation of the constitutional state in the region. This book presents the minutes of the Fourth Inter-American Fundamental Rights Conference, and explores topics such as political rights and the consolidation of democracy in Latin America; impeachment and judicial guarantees; the challenges of freedom of information: and judicial protection and due process, amongst others.


The Latin American Casebook

The Latin American Casebook
Author: Juan F. Gonzalez-Bertomeu
Publisher: Routledge
Total Pages: 412
Release: 2016-04-20
Genre: Law
ISBN: 1317026195

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Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.


Challenges of Human Rights in Latin America

Challenges of Human Rights in Latin America
Author: Casar Landa
Publisher:
Total Pages: 304
Release: 2019
Genre: Democracy
ISBN: 9781527518001

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Latin America offers a democratic and constitutional process, with the goals to respect fundamental human rights and control the excess of power. Nevertheless, the weaknesses of the rule of laws institutions does not guarantee for all citizens the protection of old and new rights. In this sense, the Inter-American Fundamental Rights Conference organized by the Inter-American Network on Fundamental Rights and Democracy (REDIDD) is an annual meeting of professors and researchers from the different universities of Latin America, addressing topics of particular importance regarding the possibilities and challenges of the consolidation of the constitutional state in the region. This book presents the minutes of the Fourth Inter-American Fundamental Rights Conference, and explores topics such as political rights and the consolidation of democracy in Latin America; impeachment and judicial guarantees; the challenges of freedom of information: and judicial protection and due process, amongst others.


Inter-American Judicial Constitutionalism

Inter-American Judicial Constitutionalism
Author: Manuel Eduardo Góngora Mera
Publisher: Manuel Eduardo Gongora-Mera
Total Pages: 323
Release: 2011
Genre: Law
ISBN: 9968611670

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Comparative Constitutional Law in Latin America

Comparative Constitutional Law in Latin America
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
Total Pages: 384
Release: 2017-06-30
Genre:
ISBN: 1785369210

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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.


Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America
Author: Armin von Bogdandy
Publisher: Oxford University Press
Total Pages: 448
Release: 2017-06-16
Genre: Law
ISBN: 0192515462

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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.


The Oxford Handbook of Constitutional Law in Latin America

The Oxford Handbook of Constitutional Law in Latin America
Author: Conrado Hübner Mendes
Publisher: Oxford University Press
Total Pages: 960
Release: 2021-12-25
Genre: Law
ISBN: 0191090581

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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.


Law and Policy in Latin America

Law and Policy in Latin America
Author: Pedro Fortes
Publisher: Springer
Total Pages: 354
Release: 2016-12-21
Genre: Political Science
ISBN: 1137566949

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This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.