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Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune

Edited by Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley

Abstract

This edited volume seeks to acquaint the English-speaking public with the Ius Constitutionale Commune en América Latina (ICCAL or Ius Constitutionale Commune ), a regional approach in transformative constitutionalism. ICCAL arises out of the deeply troubling experience of unacceptable living conditions and aims at changing the political and social realities of Latin America through the concerted strengthening of democracy, the rule of law, and human rights. Common problems, such as the exclusion of wide sectors of the population, hyperpresidentialism, and the weak normativity of law, are at its center. This approach does not place its hopes on the functional integration of the region but rather on a rights-based, supranationally secured, and regionally rooted constitutionalism. As a result, ICCAL representatives insist on the close ties between constitutional, international, and comparative law. In this sense, the opening of numerous national legal orders to international law and to the inter-American system of human rights protection is of particular importance as it constitutes the normative core of ICCAL.

Bibliographic Information

Armin von Bogdandy, editor

Eduardo Ferrer Mac-Gregor, editor

Mariela Morales Antoniazzi, editor

Flávia Piovesan, editor

Ximena Soley, editor


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