Counter-Limits Beyond Europe? The Latin American Calvo Doctrine from a Comparative Law Perspective

Annuario di diritto comparato e studi legislativi, Forthcoming

19 Pages Posted: 6 Sep 2018  

Angelo Golia

University of Salerno, Department of Political Science

Date Written: January 16, 2018

Abstract

Adopting a functional approach, the article compares European ‘constitutional disobedience’ doctrines and the Calvo doctrine. This latter, elaborated to counteract interventions of foreign powers and positivized in several Latin-American constitutions, has been re-discovered as a counter-hegemonic instrument against sources of international economic law based on neo-liberal ideology. Positive law and judicial practice show that, while today both the European and Calvo doctrines protect the axiological identity of domestic orders against ‘outer’ legal systems influenced by utilitarian rationalities, their implementation and efficacy largely diverge, due to their different socio-legal contexts. The article finally outlines the elements of a “general” constitutional disobedience doctrine, which could be an immanent principle of constitutional orders.

Suggested Citation

Golia, Angelo, Counter-Limits Beyond Europe? The Latin American Calvo Doctrine from a Comparative Law Perspective (January 16, 2018). Annuario di diritto comparato e studi legislativi, Forthcoming . Available at SSRN: https://ssrn.com/abstract=3239072 or http://dx.doi.org/10.2139/ssrn.3239072

Angelo Jr Golia (Contact Author)

University of Salerno, Department of Political Science ( email )

Via Giovanni Paolo II, 132 Fisciano (SA)
Fisciano, Salerno 8408
Italy

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