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Comparative Constitutional Law in Latin America

Edited by:  Rosalind Dixon, Tom Ginsburg

ISBN13: 9781785369209
Published: June 2017
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £110.00



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This volume 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 to 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 volume presents new perspectives to 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 indispensible tool, not only for academics interested in Latin America but for comparative constitutional law scholars across the globe.

Subjects:
Constitutional and Administrative Law, Other Jurisdictions , Latin America
Contents:
1. Comparative Constitutional Law in Latin America - an Introduction Rosalind Dixon and Tom Ginsburg
2. Constitution-Making and Constitutionalism in Latin America: The Role of Procedural Rules Gabriel L. Negretto
3. Constitution-Making and Constituent Power Joel Colon-Rios
4. A Critical Mapping of Transitional Justice in Latin America Lucas Lixinski
5. Constitutional [R]evolution in the Andes? Zachary Elkins
6. The New "Bolivarian" Constitutions: A Textual Analysis Mark Tushnet
7. Looking beyond the Constitution: The Social and Ecological Function of Property Helena Alviar Garcia
8. Equality Roberto Gargarella
9. Modes of Disestablishment in Latin America Julieta Lemaitre
10. Judicial Role and the Limits of Constitutional Convergence in Latin America David Landau
11. Ambitious Constitutions: Prominent Courts Oscar Vilhena Vieira
12. Between Power and Submissiveness - Constitutional Adjudication in Latin America Raul A. Sanchez-Urribarri
13. The Institutional Limits of Inter-American Constitutionalism Alexandra Huneeus
14. The Constitutional Protection of Economic and Social Rights in Latin America Carlos Bernal
15. Economic Constitutions of Latin America: Between Free Markets and Socioeconomic Rights Javier Couso
Index