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Transformative Constitutionalism in Latin America - The Emergence of a New Ius Commune (Hardcover)
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Transformative Constitutionalism in Latin America - The Emergence of a New Ius Commune (Hardcover)
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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 America 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.
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