Blog of the International Journal of Constitutional Law

Tag: Latin American constitutional law

  • 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.

  • 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 especially justices of constitutional courts, with a great deal of responsibility in order to secure progress in eliminating structural inequalities, social injustice and the sweeping violence from Latin American societies.

  • 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 setbacks democracies have endured, especially in the last years.