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Constitutional Questions in Latin America and Peru

Constitutional Questions in Latin America and Peru
Author: César Landa
Publisher: Cambridge Scholars Publishing
Total Pages: 547
Release: 2024-06-26
Genre: Law
ISBN: 1036407217

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The book delves into constitutional essays focused on Latin America, with a particular emphasis on Peru. It explores legal theories surrounding the development of human rights, rooted in constitutional pluralism. Drawing from the insights gathered by organizations within the Inter-American Human Rights System, notably the Court and the Commission, this examination extends to its impact on local judicial bodies, including the Judiciary and notably the Constitutional Court. These efforts aim to protect traditional civil and political rights alongside social rights. However, the work also addresses the ongoing challenge of safeguarding emerging rights, such as fundamental digital and environmental rights, while bolstering protections for vulnerable populations like migrants and the LGBTQ+ community. By adopting a holistic approach, the book aspires to serve as a valuable resource for academics, experts, students, and professionals engaged in the study and practice of Latin American Constitutionalism.


Comparative Constitutional Law in Latin America

Comparative Constitutional Law in Latin America
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
Total Pages: 387
Release: 2017-06-30
Genre: Law
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.


The U.S. Constitution and the Constitutions of Latin America

The U.S. Constitution and the Constitutions of Latin America
Author: Kenneth W. Thompson
Publisher:
Total Pages: 208
Release: 1991
Genre: Law
ISBN:

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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.


The DNA of Constitutional Justice in Latin America

The DNA of Constitutional Justice in Latin America
Author: Daniel M. Brinks
Publisher: Cambridge University Press
Total Pages: 281
Release: 2018-04-19
Genre: Law
ISBN: 1107178363

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Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.


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.


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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Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America
Author: Armin von Bogdandy
Publisher: Oxford University Press
Total Pages: 513
Release: 2017-07-21
Genre: Law
ISBN: 0192515470

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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.


Pandemocracy in Latin America

Pandemocracy in Latin America
Author: Pablo Riberi
Publisher: Bloomsbury Publishing
Total Pages: 275
Release: 2024-02-08
Genre: Law
ISBN: 1509965289

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This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation. Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.


New Constitutionalism in Latin America

New Constitutionalism in Latin America
Author: Almut Schilling-Vacaflor
Publisher: Routledge
Total Pages: 447
Release: 2016-04-29
Genre: Political Science
ISBN: 131708862X

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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.


Presidential Impeachment in Latin America

Presidential Impeachment in Latin America
Author: Gustavo Palamone
Publisher: Springer Nature
Total Pages: 386
Release: 2023-12-29
Genre: Law
ISBN: 3031441885

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This book pursues a comparative and interdisciplinary approach to assess presidential impeachments in Latin America. Mixing methodologies from legal studies and political science, it provides a novel and comprehensive assessment of some of the most controversial questions regarding the constitutional function of impeachment and its place in the theory of government. Presidential impeachments have become frequent in Latin America, yet they are still largely misunderstood by legal practitioners and the general public. As such, impeachments frequently provide for heated and polarizing debates. The misunderstandings stem from skewed expectations arising from different theories of government, legal interpretation, and presidential impeachment. The empirical evidence and arguments presented here will help to find common ground on these topics and pacify some latent tensions in society and academia. In addition, the book’s case studies cover cases that have been rarely or incompletely addressed in the literature. Some cover events so recent that they have never been analyzed elsewhere. The book proposes reconsidering certain assumptions made about systems of government, which are based on skewed expectations of impeachments. It also draws on new evidence to re-examine existing impeachment theories and develop new ones. By doing so, it offers valuable insights that may guide lawmakers to redesign their own systems, optimizing them to achieve certain goals. It will also acquaint legal practitioners with the strategies of prosecution, defense, and decision-making in connection with impeachments.