Tag: Latin American constitutional law
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After Chevron: The Constitutional Foundations of U.S. Administrative Law from a Comparative Latin American Perspective
–José Ignacio Hernández, Constitutional and Administrative Law Professor, Catholic University and Central University (Venezuela). Invited Professor, PUCMM (Dominican Republic), Castilla La Mancha and La Coruña (Spain), Senior Associate, Center for Strategical and International Studies. In the Loper Bright case[1], the Supreme Court overruled Chevron, stating that “Courts must exercise their independent judgment in deciding whether…
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Comparative Common Good Constitutionalism: A Latin American Perspective
—José Ignacio Hernández G., Fellow, Growth Lab-Center for International Development Harvard; Professor of Administrative Law at Universidad Católica Andrés Bello; Invited Professor, Universidad Castilla-La Mancha, and Tashkent University Adrian Vermeule has recently proposed a new legal theory to interpret the U.S.
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Traces of Constitutional Reasoning in Latin America and the Caribbean – Regional Cosmopolitanism Without Backlash?
—Johanna Fröhlich, Pontifical Catholic University of Chile Latin America is claiming a leading position in global constitutional trendsetting, as its rich constitutional traditions keep inspiring new experiments and novel constitutional theories for seeking structural change. Transformative constitutionalism, Andean neo-constitutionalism or the idea of a distinct Latin American Ius Constitutionale Commune have all trusted judges, and…
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Constitutional Dyssynchrony and the Debate over Abortion in Latin America
—Juliano Zaiden Benvindo, University of Brasília It is commonly understood that “constitution-making tends to occur in waves,”[1] as Jon Elster wrote in his fascinating paper Forces and Mechanisms in the Constitution-Making Process in 1995. Another very relevant perception is that constitutionalism has become over the years increasingly inclusive despite many exceptions worldwide and the various…