25 Pages Posted: 28 Oct 2016 Last revised: 10 Nov 2016
Date Written: October 26, 2016
This contribution introduces the multiple dimensions of Ius Constitutionale Commune en América Latina (ICCAL), a regional approach in transformative constitutionalism. The concerns and normative commitments that drive this project are addressed. To this end, the complicated Latin American reality is given center stage: the role of law in society, the role of courts, the state of democracy, and the effects of corruption and private power. Considering that Latin America is a region where constitutionalism is very much alive and fiercely debated, ICCAL is situated in the rich regional constitutionalist discourse. Its similarities and differences with other strands of constitutionalism, namely neoconstitutionalism and the new Latin American constitutionalism, are laid bare.
Keywords: ius constitutionale commune, transformative constitutionalism, Latin American constitutionalism, democracy, human rights, rule of law, Inter-American Court of Human Rights
Suggested Citation: Suggested Citation
von Bogdandy, Armin and Ferrer Mac Gregor, Eduardo and Morales Antoniazzi, Mariela and Piovesan, Flavia and Soley, Ximena, Ius Constitutionale Commune En América Latina: A Regional Approach to Transformative Constitutionalism (October 26, 2016). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2016-21. Available at SSRN: https://ssrn.com/abstract=2859583