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Constitutional Reasoning in Latin America and the Caribbean

Constitutional Reasoning in Latin America and the Caribbean
Author: Johanna Fröhlich
Publisher: Bloomsbury Publishing
Total Pages: 615
Release: 2024-09-05
Genre: Law
ISBN: 150996018X

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This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.


The Rise of Constitutional Government in the Iberian Atlantic World

The Rise of Constitutional Government in the Iberian Atlantic World
Author: Scott Eastman
Publisher: University of Alabama Press
Total Pages: 319
Release: 2015-06-15
Genre: History
ISBN: 0817318569

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The Rise of Constitutional Government in the Iberian Atlantic World is a collection of original essays that offer insights into how the Cádiz Constitution of 1812 shaped and influenced the political culture of Iberian America.


Republics of the New World

Republics of the New World
Author: Hilda Sabato
Publisher: Princeton University Press
Total Pages: 236
Release: 2021-09-28
Genre: History
ISBN: 0691227306

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A sweeping history of Latin American republicanism in the nineteenth century By the 1820s, after three centuries under imperial rule, the former Spanish territories of Latin America had shaken off their colonial bonds and founded independent republics. In committing themselves to republicanism, they embarked on a political experiment of an unprecedented scale outside the newly formed United States. In this book, Hilda Sabato provides a sweeping history of republicanism in nineteenth-century Latin America, one that spans the entire region and places the Spanish American experience within a broader global perspective. Challenging the conventional view of Latin America as a case of failed modernization, Sabato shows how republican experiments differed across the region yet were all based on the radical notion of popular sovereignty--the idea that legitimate authority lies with the people. As in other parts of the world, the transition from colonies to independent states was complex, uncertain, and rife with conflict. Yet the republican order in Spanish America endured, crossing borders and traversing distinct geographies and cultures. Sabato shifts the focus from rulers and elites to ordinary citizens and traces the emergence of new institutions and practices that shaped a vigorous and inclusive political life. Panoramic in scope and certain to provoke debate, this book situates these fledgling republics in the context of a transatlantic shift in how government was conceived and practiced, and puts Latin America at the center of a revolutionary age that gave birth to new ideas of citizenship.


Latin American Constitutionalism

Latin American Constitutionalism
Author: M. C. Mirow
Publisher: Cambridge University Press
Total Pages: 337
Release: 2015-09-15
Genre: History
ISBN: 1107025591

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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.


Iberoamericana

Iberoamericana
Author:
Publisher:
Total Pages: 630
Release: 2008
Genre: Latin America
ISBN:

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